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

How Much of a Concern are Miami Beach Truck Accidents Caused by Drugged Drivers?

Published on: February 2, 2012 | By Flaxman Law Group

There is some dispute about how many US and Miami Beach truck accidents may be caused by truck drivers who use illegal, prescription, and over-the-counter drugs that may impair their driving. Some investigative reports and former truckers claim that drug use is a wide-spread problem in the trucking industry. Some allege that tight deadlines and long hours make drivers reliant on drugs in order to meet work deadlines. They also note that the challenges drivers face often affect their health and compel them to use prescription and over-the-counter drugs while on the road.

Other trucking industry experts note that drug use is not a large problem. They note that truck drivers have much safer driving records than average passenger car drivers. They also note that truck drivers are subject to random drug testing to ensure that they are drug-free. Some point out that passenger car drivers are more likely to cause Miami Beach drunk driving accidents and car accidents because these checks are not in place for passenger car drivers. The Transportation Department also notes that truck accident deaths have been declining – and that driver error is the most common cause of commercial truck accidents.

Some investigations suggest that drug testing alone may not be enough. A 2007 investigation by the Government Accountability Office (GAO) found that 75 percent of drug testing sites did not remove items that could be used to alter drug specimens. Undercover officers for the GAO were also able to purchase online products that hide drug use and were able to add them to urine samples at the testing sites without being caught.

Possibly as a result of testing challenges, it is difficult for experts to note how many truck drivers are using illegal or restricted drugs on the road. According to the Department of Transportation (DOT), in 2007 less than 2% of randomly tested truck drivers tested positive for controlled drugs. However, when Oregon started testing truck drivers on its roads randomly on its own, it found that 9% of commercial truck drivers failed a random drug test.

Whatever the exact rates of drug test failures are, there is no doubt that any drug use by commercial truckers can – and does — lead to fatalities and serious injuries. Drivers who are impaired and make errors that lead to Miami Beach car accidents, which in turn lead to brain injuries, amputations, spinal cord injuries, and other serious injuries. No matter what efforts have been made so far in reducing the use of controlled substances among commercial truck drivers, more needs to be done to prevent accidents caused by this problem.

If you have been in a Miami Beach truck accident that you think may be caused by an impaired driver, you may want to contact an experienced Miami Beach personal injury attorney. Commercial truck accidents are already complicated due to the multiple parties involved, but proving impairment can be even more challenging. A qualified Miami Beach personal injury attorney can advise you of your rights and options so that you do not have to face the aftermath of your accident by yourself.

Continue reading →

Florida Authorities Work Hard to Prevent Miami Truck Accidents and Car Accidents at This Time of Year

Published on: December 29, 2011 | By Flaxman Law Group

According to Florida authorities, this time of year is one of the deadliest on Florida streets, with accidents both on primary and secondary roads. Unfortunately, this can be one of the riskiest times of the year for a Miami truck collision or car accident. Florida even has one of the unfortunate distinctions of being one of the states with the highest numbers of fatal accidents over the holidays, although the Florida Highway Patrol no longer forecasts fatal accidents for this time of year.

Florida officials will be taking part in a number of initiatives to reduce Miami traffic accidents at this time of year. For example, law enforcement authorities will patrol secondary and primary roads more vigilantly through the New Year, looking for drunk drivers, stranded drivers, and speeding motorists. Florida Highway Patrol is taking part in the Drive Sober or Get Pulled Over program up to January 2 to curb Miami drunk driving accidents and DUIs across the state. Unfortunately, Miami car accidents caused by drunk driving continue to be a serious problem. According to the Florida Highway Patrol, 35% of fatal traffic accidents in Florida between Christmas and New Year’s of 2010 were alcohol-related.

Many police authorities will be monitoring the streets more vigilantly over the holidays, even reducing time at home with their own families in order to keep the streets safer. According to public safety authorities, there are several things that people can do to keep safe in Miami through the New Year holiday:

1) Have a designated driver. A designated driver can ensure that you get home safely and ensures that you will not need to return the next day after a night out in order to get your car.

2) Call a taxi. Many taxi companies are extra-busy at this time of year and are working hard to meet demand. Keep some extra money in your wallet as well as a list of local taxi companies so that you can get home safely.

3) Rely on public transit. Using public transit to get to and from holiday events reduces your risk of Miami car accidents and is healthier for the environment. It is also a less expensive alternative to a taxi.

4) Call friends or family. If you cannot drive because you are tired or have been drinking, call someone for help.

5) Finish texts and emails before starting your car. In addition to cracking down on drunk driving over the holidays, Florida authorities also want to crack down on distracted driving. While there is no texting ban in the state, commercial drivers are not permitted to text and drive. Authorities will enforce that law.

6) Report aggressive or drunk driving by calling *FHP (*347). Reporting dangerous driving ensures that police can respond appropriately – and potentially prevent a Miami traffic accident.

Continue reading →

Preventing Florida Drunk Driving Accidents and Truck Accidents

Published on: August 18, 2011 | By Flaxman Law Group

At this time of year, there are many end-of-summer parties with alcohol. The roads are also busier with tourists coming to Florida for one final holiday and trucks delivering back-to-school goods to stores. As well, there are many moving trucks on the road as the end of summer is a time when many college students are moving to campus and many families are moving ahead of the school year. Alcohol-fueled parties and extra traffic on the road are not a great combination, and they can mean Florida truck accidents and DUI accidents.

You can help prevent accidents at this time of year if you:

1) Plan your own parties carefully. If you hope to have an end-of-year party, prevent accidents by having a plan to get guests home safely. You can hire a designated driver or a van service for a low cost. You can arrange to have taxis to call. Plan to start scaling back servings of alcohol earlier in the evening, too, to help prevent DUI and other accidents. As well, remember that alcohol does not just lead to Florida drunk driving accidents; it also affects mobility and inhibitions, so that guests are more at risk of slip and fall accidents as well as other injuries. You could be held liable if you serve alcohol and a guest injures themselves at your party.

2) Consider an afternoon party. An afternoon weekend party allows you to enjoy the great weather and also allows you to avoid sending out guests late at night. Accidents are more common late at night, as guests are more tired and are more likely to lose control of the car. Late at night, there are also more trucks on the roads, making Florida truck accidents more likely. Sending guests home early also ensures that guests are not as tired and are not affected by alcohol as well, which can lead to poor decisions. Having an earlier party also makes it easier for guests to take taxis or the bus home.

3) Have a plan for getting home safely yourself. If you are headed to a party yourself, make sure that you have at least a few alternatives for getting home safely. Do not assume that you won’t drink and don’t assume that you can get home safely with a designated driver. You or your designated driver may end up being tempted to drink. Bring enough cash for a cab or a nearby motel or have a few friends you can call for a safe ride home.

4) Talk to your loved ones about Florida drunk driving accidents. Make sure that they know they can call you for a ride home and ask for the same privilege. If you have teens who are just starting to drive, have then sign pledges not to drive drunk or distracted.

Continue reading →

Are Drunk Passenger Car Drivers More at Risk for Florida Truck Accidents?

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

Drivers who choose to drive drunk are at risk of Florida car accidents, but also at risk of fatal truck accidents. That’s because commercial truck drivers are often on the road late at night, when many drunk driving accidents take place. When drunk drivers take reckless risks around commercial trucks, those risks are likely to be their last. Commercial trucks can weight up to 80 000 pounds fully loaded and take much longer to come to a complete stop when compared to passenger vehicles. Commercial trucks are not as flexible and cannot make the same defensive maneuvers as passenger vehicles. A drunk driver weaving around trucks may cause a collision. In this type of crash, the passenger car driver is likely to suffer serious injuries or even death, due to the size and force of the truck. According to the AAA, there are many things that drivers can do to prevent Florida drunk driving accidents involving cars or trucks:

1) Get your car serviced regularly. Whether you plan on drinking or not, keeping your car in good repair is important, as it ensures that your car will respond the way you need it to in case you need to drive defensively. Even if you make the right decisions about drinking and driving, other drivers may not. Having a car that functions well can help you stop in time or can help you get out of the way of an accident.
2) Do not drink and drive. The easiest way to avoid a Florida drunk driving accident is to simply avoid drinking driving. If you drink, find another way home. If you are going somewhere where alternative forms of transportation will be difficult to find, avoid drinking entirely.

3) Avoid distractions. Drinking and driving is not the only danger on the road. You cannot share the road safely with trucks and other vehicles if you are distracted. You may not notice changes in traffic flow in time if you are looking at a cell phone or playing with the radio. Shut off your cell phone when you drive and pull over to the side of the road if you need to make a call or need to change a CD.

4) Have a few plans for getting home safely – whether you intend to drink or not. Even if you decide to go out and not drink, you need to have a plan for getting home safely. You may end up drinking after all, or you may be too tired after a long night to drive safely. If you decide to drink, make sure that you have a plan for getting home safely. Better yet, have a few options. That way, if one option does not work, you still have other ways of getting home. That is, have a designated driver and money to take a cab or have money set aside to get a hotel room if you need it.

5) Avoid driver fatigue. If you stay out late at a restaurant and bar and do not drink, you are still a risk on the road if you are fatigued. Driving fatigued can slow down your driving as much as alcohol. As well, driving tired late at night means that you run the risk of falling asleep at the wheel. If you are too tired to drive, take a cab or get a ride from a sober friend.

Continue reading →

Are Truck Drivers More at Risk for Florida Drunk Driving Accidents?

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

Professional drivers, such as commercial truck drivers, face very close restrictions on their driving. Commercial truck drivers must pass more testing and get more training than the average driver. They must also adhere to more rules, including federal hours of service rules, in order to drive on the roads. Commercial truck drivers are also subject to close scrutiny and testing for alcohol and drug abuse. Truck carriers face lawsuits and legal problems if their drivers drive drunk. For this reason, drivers who drive under the influence face several penalties and loss of work. Despite all of this, some truck drivers report being involved in alcohol-related crashes, often when drunk drivers rear-end or collide with their truck. There are many reasons why truck drivers are susceptible to this kind of crash:

1) Truck drivers are on the road more often. Quite simply, most commercial truck drivers spend far more time on the road than the average driver. Longer hours simply means many more hours where an accident can take place.

2) Commercial truck drivers are more likely to be driving late at night. Many commercial truck drivers work odd hours, sometimes driving late at night or early in the morning. This is also when more inebriated drivers are more likely to be on the road, as these are the hours when bars close and when parties end.

3) Truck drivers are more likely to be driving around the holidays. Many businesses require more inventory, more deliveries, and more help around the holidays. Often, this means that truck drivers are busier around holidays, and more often on the road. Unfortunately, holidays also mean more parties and more drinking. Most authorities report an increase in the number of Florida drunk driving accidents around holiday weekends.

4) Truck drivers cannot stop as quickly as passenger vehicles. In many cases, drunk drivers in passenger cars take risks, such as weaving around other vehicles, driving without lights, and taking other risks. While commercial truck drivers are experienced and trained in avoiding collisions, commercial trucks take much longer to stop than most passenger vehicles. This means that if a drunk driver cuts off a truck, the truck may simply not be able to stop in time to avoid a collision. Drunk drivers may be uninhibited and too drunk to be aware of the risks of larger trucks. Taking risks can lead to fatal truck accidents.

Truck drivers and the truck driving industry do a great deal to prevent accidents. However, drunk driving by any driver can contribute to Florida car accidents and truck crashes. It is one more reason to emphasize the importance of driving sober.

Continue reading →

Summer Can Mean More Trucks on the Road – and a Larger Risk of Florida Truck Accidents

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

Summertime does pose a higher risk of Florida car accidents and truck accidents. There are many reasons for this:

1) Tourist season means busy businesses. Florida is a major tourist destination in the summer, and theme parks and amusement parks in the state are filled with tourists. Plenty of events and summer business, however, also means that more trucks are needed to make deliveries to businesses. Unfortunately, more trucks on the roads can also mean a higher risk of collisions.

2) Heavier car and pedestrian traffic. Florida streets really fill up during the summer. There are more pedestrians taking part in summer activities, and more drivers on the road taking part in summer road trips. More buses ferry tourists to major sites and children to summer camp. There are even more trucks on the road due to a heavier construction and road work schedule. All this extra traffic and congestion can cause tempers to fray and can easily lead to traffic accidents.

3) Hot weather can mean more truck tire blowouts. Florida tire defects are a serious problem for truck drivers, since trucks tend to be very hard on tires. In the summer heat, however, even good tires can wear down more easily and suffer blowouts as the rubber is affected by the heat.

4) Summer can be harder on drivers that need to drive long distances. The glare of the sun and the hot weather can create exhaustion and can make it easier for already tired drivers to fall asleep at the wheel. Truck drivers, who must often drive very long distances in the blinding sun and stifling heat, can be especially vulnerable.

5) More Florida drunk driving accidents. Unfortunately, there are more drunk drivers on the roads in the summer. Patios serve beer at restaurants and many summer events and parties serve alcohol. Worse, the summer heat and sun can magnify the effects of alcohol, making accidents even more likely.

Continue reading →

Florida Truck Accidents Involving Homes

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

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

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

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

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

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

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

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

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

Continue reading →

How to Spot a Truck Driver Who May Cause a Drunk Driving Accident

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

The only way to tell for sure whether a truck driver is driving under the influence is to let a police office administer a sobriety test or a blood alcohol test. However, according to the Florida chapter of Mothers Against Drunk Driving (MADD), there are a number of signs that a truck driver is drunk and may cause a Florida drunk driving accident:

1) Rapidly changes speed, generally changing speed quickly and without reason
2) Follows too closely or tailgates other vehicles
3) Weaves across lanes of traffic or across the roadway
4) Near-misses, such as almost colliding with an object or another vehicle
5) Erratic stopping and starting
6) Does not drive on the road
7) Uses signals incorrectly or makes other basic driving errors.
8) Swerves
9) Does not use headlights at night
10) Drives very slowly (more than 10 mph under the posed speed limit)
11) Responds slowly to traffic conditions or traffic signals
12) Turn illegally or too sharply
13) Drives on the wrong side of the road
If you see a truck driver exhibiting any of these signs, gain a safe distance and call the authorities. You could help prevent a truck accident. Even if the driver is not under the influence, the behaviors listed above are dangerous and could cause a collision. It is helpful to authorities if you can provide details about the truck – such as the license plate number – but never put yourself in danger to get this information.

Continue reading →

Preventing Florida Truck Accidents: What to Do When You See an Unsafe Florida Truck Driver

Published on: May 18, 2011 | By Flaxman Law Group

If you are sharing the road with trucks as a motorist, there are times when you may see unsafe drivers on the road operating large commercial trucks. Unsafe drivers can cause serious Florida truck accidents, but if you notice a driver who does not appear to be safe, there are several things you can do:

1) Learn to recognize the signs of an unsafe driver. Unsafe truck drivers speed, drive erratically, weave, or gesture and yell aggressively. They may drive past red lights or otherwise ignore traffic signals and signs or may make obvious mistakes on the road.

2) Get out of the way. Your first priority is to stay safe. That means remaining calm and getting plenty of distance from the truck. Avoid engaging the driver in any yelling or shouting or exchange of gestures; that can make an aggressive driver even more aggressive.

3) Get the details. If you have a passenger in the car with you, ask them to take down the details of the truck, such as the license plate number, any identifying details, the time and location, and a description of the truck driver. Do not get too close to the truck to get these details – they are not worth an accident. If there is no one in the car with you, pull over to write down the details.

4) Call police. If the driver is in imminent danger of causing an accident or if you believe that the driver is drunk, call police immediately; you may be helping to stop a Florida drunk driving accident. Reporting a dangerous driver can help ensure that others are not harmed by his or her recklessness.

5) Report the driver to the FMCSA. There are rules in place to keep unsafe drivers off the roads. You can call the Safety Violation Hotline, created by The Federal Motor Carrier Safety Administration (FMCSA), to report unsafe bus and truck drivers. The number is 1-888-368-7238. Many trucks also have the phone numbers of their carriers listed right on the truck. You can call the carrier to report an unsafe driver as well.

Continue reading →

Top Causes of Truck Accidents – and How to Avoid Them

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

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

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

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

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

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

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

Continue reading →