Item: Flaxman Law Group
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Author: Clara Barman

Proposed Recorders to Reduce Florida Truck Accidents Caused by Fatigued Driving?

Published on: April 8, 2011 | By Flaxman Law Group

US Senators Lamar Alexander (R-Tennessee) and Mark Pryor (D-Arkansas) are supporting proposed federal laws which would make it mandatory for most commercial tractor trailers to have electronic on-board data recorders installed on board. According to industry experts, this law, if passed, might help prevent truck accidents caused by fatigued drivers. The bill, known as the Commercial Driver Compliance Improvement Act, might go into effect in 36 months if passed.

Experts say that electronic data recorders might help prevent fatigued driving and the accidents caused by sleepy drivers because the devices would identify the driver, record the location of the truck in real time, and keep track of driving time as well as stop times. If a truck were pulled over, the devices would allow police to access the information.

Experts note that these features would help prevent accidents in a number of ways. The tamper-proof recorders could keep note of how long drivers were driving and would allow drivers to keep tabs on compliance with hours of service laws. By allowing police to access the data, recorders would also make enforcement of such laws simpler. Plus, in the event of a Florida truck accident or an accident anywhere, the information recorded would help establish liability, potentially.

According to at least one study, fatigued drivers may contribute to as many as one out of every seven fatal trucking accidents. There are currently about 500 000 trucking companies in the industry, and while implementing the recorders would be expensive for the industry, experts note that such recorders are the only reliable way to ensure that hours of service rules are being followed.

Currently, drivers are required to keep a log book of hours driven and hours rested, but these books rely on self-reporting, which has been proven to be fallible and easy to falsify. The recorders can also be useful in identifying which driver was in which truck at which time, something which can be useful for law enforcement and investigators after any Florida car accident involving a truck.

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Hours of Service Rules and Florida Truck Accidents

Published on: April 1, 2011 | By Flaxman Law Group

Hours of Service rules (49 CFR Part 395) apply to all commercial truck drivers and are designed to help prevent Florida truck accidents as well as truck accidents across the country. The U.S. Department of Transportation’s Federal Motor Carrier Safety Administration reports that these rules are intended to lower the rate truck accidents, and it seems to be working – fatal truck accidents have been decreasing in number every year. Nevertheless, many thousands of people continue to die and many more thousands continue to suffer from serious injuries as a result of these accidents — many of which are preventable.

This year, Hours of Service rules were changed, but experts still say that much can be done to help improve these rules to ensure that truck accidents caused by fatigued drivers are simply less of a risk on our roads. For example, under current regulations, employers can still push truck drivers to drive a tractor trailer 18 wheeler for 14 consecutive hours — legally. Studies also show that truck drivers, on average, get less sleep than many other types of workers. Legislators and experts have both stated that more can be done to make such situations less common.

Hours of Service rules exist to ensure that drivers do not drive when unsafely tired. These rules require commercial truck drivers to log the number of hours that they drive, to take frequent rests — which must be documented — and to drive no more than a certain set number of hours within any 24-hour period before taking a rest.

Experts say that while these rules are a good start, part of the problem is that current rules shift most of the liability on to the driver. If drivers are pushed to break hours of service rules by unreasonable deadlines, for example, it is often drivers who are blamed if driver fatigue causes a Florida car accident or truck accident.

Companies often pay drivers by the mile. This means that drivers are pressured to drive longer in a smaller period of time in order to make better money. As well, it also means that drivers are not necessarily compensated for work-related tasks, such as waiting for trucks to be loaded, or sitting in traffic. Any delays a driver encounters mean a loss of revenue and drivers may be tempted to drive faster or to drive longer in order to make up the difference. It is for this reason that many experts believe that Hours of Service rules are not enough and that rules should be in place to protect drivers from such pressures.

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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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Proposed Changes to Truck Driver Restart Period

Published on: February 25, 2011 | By Flaxman Law Group

Truck drivers must adhere to many rules of service regulations which are designed to ensure that drivers do not drive fatigued. One of the basic concepts of the hours of service regulations has to do with the restart period, which refers to the start of a new on-duty cycle. After a truck driver has taken 34 consecutive hours off-duty or more, he or she can restart the on-duty cycle. However, the Federal Motor Carrier Safety Administration (FMCSA) has proposed changes to the restart cycle – and the trucking industry does not agree with the changes.

According to the Federal Motor Carrier Safety Administration, research has shown that it would be beneficial to mandate two rest periods (each between midnight and 6 am) during the 34-hour restart rest period. The research is based on a study from Washington State University.

The study was conducted in two parts and overseen by Gregory Belenky and Hans Van Dongen of the Sleep and Performance Research Center. The first part concluded that the current 34-hour restart gives does not adequately allow nighttime drivers to rest before starting on duty again. The second part of the study found that the rest break of the restart period was more effective when nighttime sleep was mandated. This study led the Federal Motor Carrier Safety Administration to make its proposed changes to the restart period.

However, the American Trucking Association (ATA) objects to the proposal, stating that the studies may not be accurate. Among the issues at hand, according to the ATA is that the second part of the study has not yet been reviewed. As well, the study sample of the second part included just 12 people, none of them truck drivers. Even the study’s authors, notes the ATA, believe that more study is warranted.

The FMCSA and the authors of the study have defended the findings, arguing that the study was done under carefully controlled conditions and the findings – as well as the proposal that comes from them – could help prevent truck accidents and car accidents.

However, could Florida truck accidents be prevented by this change in the restart period. It is true that driver fatigue has been linked to many Florida car accidents involving trucks. As well, truck drivers work long and irregular hours, which can help contribute to driver fatigue and unsafe driving. Further studies could help us understand more about the best ways to ensure drivers get a safe amount of rest.

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Florida Truck Accidents Linked to Drowsy Driving

Published on: February 16, 2011 | By Flaxman Law Group

According to The National Highway Traffic Safety Administration, 100 000 accidents each year as well as 1,550 fatalities and 71,000 injuries are due to driver fatigue. Drowsy drivers also cause $12.5 billion in losses annually across the country. Sleepy truck drivers are especially a risk, because the truck driver’s life style encouraged poor sleep and off hours, which can make sleepiness worse. As well, truck drivers are responsible for very large vehicles which can do substantial damage in a Florida truck accident.

The National Highway Traffic Safety Administration has launched a number of educational programs that have one clear message: sleepy driving is the same as impaired driving. In fact, research proves it. Drivers who drive drunk have the same delayed reaction times and impaired motor skills and drivers who drive tired. If we want to stop Florida drunk driving accidents, we also have to get serious about fatigued driving.

According to The National Highway Traffic Safety Administration, several types of drivers are at high risk:

1) Young male drivers under age 26.

2) Workers who work long hours or who work shift work. According to The National Highway Traffic Safety Administration, workers on the night shift have six times the risk of being in a collision when compared with traditional workers. The bad news is that truck drivers often do take on shift work in order to meet tight deadlines, which means that they are at greater risk.

3) Long haul drivers and commercial truck drivers. According to The National Highway Traffic Safety Administration, fatigue is a contributing factor to 15% of all truck accidents.

4) People who have sleep disorders which are untreated or undiagnosed. These drivers are seven times more likely to fall asleep when driving than the average driver.

5) Travelers – especially business travelers – who are experiencing jet lag or who must travel or drive for long periods of time.

According to The National Highway Traffic Safety Administration, there are many things that drivers can do to cut down on fatigued driving accidents. Getting good sleep and having good sleep habits can go a long way towards eliminating risk. As well, traveling with a friend and taking breaks every few hours can also help prevent accidents due to fatigue. Of course, avoiding any alcohol and any medications that may make you feel drowsy is also important to preventing collisions.

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Truck Driver Fatigue and Florida Truck Accidents

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

A good night’s sleep is very important for most professionals. However, for a truck driver, a restful night of sleep can literally mean the difference between life and death. Truck drivers who drive tired have slower response times and are liable to fall asleep behind the wheel. In fact, according to the Federal Motor Carrier Safety Administration (FMCSA) is a key cause of commercial truck accidents.

In some cases, drowsiness is not caused just by one poor night of sleep but rather by a sleep disorder known as sleep apnea. This common breathing-related disorder causes sleepers to experience short stoppages of breathing. Someone with sleep apnea may experience interruptions of breathing hundreds of times a night, several seconds at a time. Since the sleeper is unaware of what is happening, he or she may not recognize that there is a problem. It is all too easy to dismiss a feeling of fatigue.

However, sleep apnea is a problem – and a serious one at that. According to the FMCSA, up to 28% of commercial truck drivers have sleep apnea. Untreated, the disorder can easily lead to Florida car accidents and traffic accidents. Luckily, there are symptoms and signs that drivers can look for. Common symptoms of sleep apnea include sudden daytime naps, snoring, daytime drowsiness, irritability, headaches, poor concentration, memory problems, waking up in the night frequently to urinate, and depression.

Untreated sleep apnea should never be ignored. According to the FMSCA, one study has shown that commercial truck drivers with sleep apnea are more likely to cause an accident than drivers under the influence. Just as Florida drunk driving accidents are preventable, however, so are truck accidents caused by fatigue and sleep apnea. Sleep apnea is caused when the upper airway is blocked or narrowed. Once diagnosed, sleep apnea can often be treated with an airway pressure machine. In some cases, simply losing weight and avoiding alcohol can alleviate the condition. Where sleep apnea is caused by dental issues such as soft palates, jaw problems or deviated septums, surgical procedures are available. Some sufferers find that wearing oral devices or masks takes care of the problem.

Once sleep apnea is treated, the sufferer can drive as safely as anyone else and can continue their job with less risk. Some drivers, however, avoid seeking medical treatment because they fear being disqualified from being a driver. However, in many cases sleep apnea is treatable and allows drivers to resume their duties. The FMSCA urges any driver who may have sleep apnea to discuss the problem with their doctor. Doing so could save lives.

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Driver Fatigue and Florida Truck Accidents

Published on: December 12, 2010 | By Flaxman Law Group

According to at least two studies conducted by the National Transportation Safety Board, in 30 to 40% of severe truck accidents, driver fatigue plays a major role. Each year, motorists, pedestrians, and innocent bystanders lose their lives or suffer severe injuries when truck drivers fail to get adequate rest. Fatigue causes many Florida truck accidents and ruins many lives, and it is a very preventable problem.

Fatigued driving in the truck industry is common. Truck drivers often need to drive for long distances in order to meet delivery deadlines. In some cases, truck drivers get paid extra for delivering more in a shorter period of time, providing a financial incentive to drive tired. Truck drivers often need to sleep in their cabs or on the road, which does not always result in a comfortable sleep. In some cases, stress, poor sleep quality, or even medical conditions cause poor sleep which can lead to fatigue.

Fatigued driving is a major hazard that causes many Florida pedestrian accidents and truck accidents each year. No matter how many coffees a truck driver has or how much training and experience a driver has, fatigued driving will always lead to accidents. In fact, studies have shown that fatigued driving can be just as dangerous as drunk driving – and for much of the same reasons. Tired drivers have slower reaction times and worse judgment. Worse, fatigued drivers can doze off at the wheel, causing a collision.

Even before drivers fall asleep at the wheel, they actually drive asleep for short bursts of time as the body has a defensive mechanism when it is very tired. When the body is deprived of sleep, it actually compels itself to shut down for very brief periods – sometimes a fraction of a second or a few seconds – in order to rest. The body requires sleep to rebuild cells and in order to repair stresses to the body. When the body cannot do this through a good night’s sleep, it does so by forcing mini-sleeps. Unfortunately, even a few seconds of micro-sleep can easily lead to a Florida car accident. A truck driver who falls asleep for even a fraction of a second can travel several feet – more than enough space for a serious accident.

For attorneys, proving fatigued driving caused an accident is often very difficult. While there are blood tests to prove when a Florida drunk driving accident has taken place, there are few reliable tests for fatigue. Truck drivers are required by federal law to keep a log book which shows that they get the proper amount of rest which is required by law. Attorneys in a truck accident case can subpoena the logbook, fuel receipts, bills of lading, Global Positioning System data, and other material from the truck driver and the truck company. These can help prove when a driver has failed to follow rules about adequate rest. New electronic technology has been developed which could help truck drivers and attorneys keep better and more accurate records of rest stops and rest periods. However, this technology is very controversial.

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Could Time Changes Affect Florida Truck Accident Rates?

Published on: December 8, 2010 | By Flaxman Law Group

Twice a year, we change our clocks to adjust for daylight saving time. Daylight savings time ends in the fall and begins again in the spring. There are two important things we can do when we change our clocks to make life a little safer: change the batteries in our smoke detectors and drive more carefully. Changing the batteries in your carbon monoxide detectors and smoke alarms ensures that these devices are working correctly and are there to protect you from Florida burn injuries or carbon monoxide poisoning.

Some experts believe that daylight savings time changes also require us to be more careful on the roads. There is a suggestion that Florida truck accidents, car accidents, and pedestrian accidents increase in November and in the Spring, when the time changes. Time change can affect our sleep patterns. In November as well, school closures, holiday shopping, holiday events, and weather can also contribute to Florida pedestrian accidents and truck accidents.

The National Highways Traffic Safety Administration (NHTSA) reports that 59 000 individuals were injured in car accidents nationwide in 2009. Another 4 092 pedestrians that same year sustained fatal injuries. According to the NHTSA, most traffic accidents take place between 4 pm and 8 pm and also between 4 am and 8 am. According to the NHTSA, changes daylight, time changes, and distracted driving all contribute to these injuries and fatalities.

The NHTSA has several tips that can help us all prevent Florida truck accidents and traffic accidents during the winter months:

1) Pedestrians and bicyclists should wear reflective clothing and carry flashlights or use bicycle lights to ensure that drivers can see them correctly. Pedestrians and bicyclists should also not wear headphones, especially during the evenings. Headphones are a distraction and can prevent a pedestrian or cyclists from hearing warning horns and other audio clues.

2) Drivers should check tires, lights, windows, and mirrors before each drive. Lights, mirrors, and windows are especially vital when driving late at night in ensuring good visibility. Passenger vehicles especially need to consider good visibility when sharing the road with trucks, which have many blind spots.

3) Pedestrians should remain alert and rely not just on traffic signals when crossing streets. Where possible, walk on streets. If you are walking in a rural area and must walk along the shoulder of the road, avoid walking in the dark and make sure to walk facing traffic. Avoid crossing without traffic lights and crossing from between parked cars. Truck drivers do not expect pedestrians outside of crosswalks and may not be able to step in time to avoid an accident.

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Who Can Prevent Florida Trucking Accidents?

Published on: November 15, 2010 | By Flaxman Law Group

Although heavy and medium-sized trucks account for only about 2% of all registered vehicles in this country, they account for 12% of fatal accidents on our highways. The statistics for Florida are also disturbing. Florida has high fatality rates for truck accidents and truck accidents are very common in the state, accounting for many Florida brain injuries, amputations, and other serious injuries as well as for deaths. There are many things that can be done to help reduce these accident rates:

1) Driver attention. Properly maintained trucks, once a day inspections, and well-trained drivers are an important part of preventing truck accidents in Florida. As well, when truck drivers follow at least four seconds behind the vehicle in front of them and ensure their load is correctly balanced and loaded, many Florida car accidents involving trucks can be prevented. Truck drivers who follow the rules of the road are less likely to be in an accident.

2) Less drunk driving. A survey of 900 Florida truck drivers revealed that most drivers believe that one out of five driver colleagues “regularly drive” under the influence of controlled substances such as cocaine, alcohol, speed, and marijuana. Preventing drunk driving accidents involving trucks should be a top priority.

3) Fewer incentives to drive when fatigued. When drivers are paid by the mile or are given bonuses for driving more in less time, there is a financial incentive to speed and to drive when fatigued. Fair, hourly wages and bonuses for safe driving records remove these incentives and instead provide incentives to drive safely.

4) Improve passenger vehicle awareness of truck safety. When motorists driving passenger vehicles drive carefully around trucks, stay out of truck blind spots, and give trucks extra room, they make the roads safer for everyone. Education campaigns to promote safe driving and enforcement of driving rules can help ensure that all motorists drive safely.

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Health Conditions Can Mean Florida Truck Accident Risks

Published on: October 27, 2010 | By Flaxman Law Group

Much has been written about truck drivers and motorists who cause Florida car accidents and truck accidents due to the choices they make. For example, Florida drunk driving accidents are so difficult to cope with because they are so preventable – one person’s decision to drive under the influence leads to this type of accident, which can affect many lives. However, in some cases, Florida truck accidents and car accidents are caused by medical conditions. A motorists or truck driver may unknowingly have a condition which causes severe symptoms which can affect driving ability. Common conditions which can lead to Florida car accidents and truck accidents include:

1) Strokes. Strokes can occur at any time, but when they occur behind the wheel of a car or truck, they can result in a serious in a serious truck accident. A patient who has had a stroke usually suffers from problems with mobility and memory, which can also severely impair driving ability. Visiting a doctor often and looking for risk factors – such as high blood pressure – can help prevent strokes.

2) Cardiac illness. Cardiac illness can include everything from irregular heart beats to genetic defects to heart attacks and heart failure. When a cardiac event occurs on the road, an accident is almost guaranteed as the victim quickly loses consciousness. Patients with heart problems need to be evaluated by a physician to determine their fitness to drive.

3) Diabetes. Type 2 diabetes can strike at any time, especially in patients who are obese. Diabetes and problems with blood sugar can cause many serious and dangerous symptoms, including dizziness, weakness, and loss of consciousness. Drivers who have diabetes must carefully manage their conditions to avoid accidents and patients who are at risk of diabetes need to be tested frequently to ensure that they do not develop the disease without realizing it.

4) Sleep disorders. Sleep disorders such as sleep apnea are responsible for many Florida truck accidents and car accidents. When drivers have sleep disorders they are often unaware of the problem. They may feel more tired than usual, but they often do not see this as a symptom. Unfortunately, sleep disorders ensure inadequate sleep, which means that drivers with these conditions are more likely to fall asleep at the wheel and cause a Florida truck accident or car accident. Any sudden fatigue should be investigated promptly by a physician to rule out an illness.

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