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

Drug Testing is Designed to Prevent Florida Truck Accidents

Published on: February 9, 2011 | By Flaxman Law Group

According to federal regulations, all truck drivers operating commercial vehicles that transport more than 16 passengers or that have a CGVWR greater than 26,000 or that are transporting hazardous materials must be tested for drugs and alcohol. Testing is overseen by the Department of Transportation (DOT) and the only drivers exempt are those that operate commercial vehicles on private property. Testing can help prevent Florida car accidents involving trucks and can help reduce the instances of Florida drunk driving accidents. There are six situations in which truck drivers may be tested:

1) As part of pre-employment screening. Federal regulations require that commercial truck drivers operating on a public road must be tested and must receive a negative result. Drivers who test positive generally must re-submit to testing and have difficulty securing employment.

2) After an accident. After an accident that results in a fatality as well as after any serious accident or traffic citation that results from any injury, commercial truck drivers must be tested. In these cases, the tests must be administered within 32 hours (for drug tests) or within 8 hours (for blood alcohol tests). These tests are designed to determine whether an accident was caused by DUI and can be used to determine the driver’s level of liability.

3) Random tests. Throughout the year, commercial truck drivers may be asked to take part in random drug tests. Drug tests may be administered even when a driver is off duty or at home. Drivers are subject to blood alcohol level tests during work or immediately after or before duty. Generally, once drivers are notified that they are being asked to submit to a random test, they must immediately go to the testing location for testing. Delays can be interpreted as a denial to take the test and denials to take part in random tests or any drug or alcohol testing is considered the same as testing positive under 49 CFR 40.191.

4) If there is reasonable suspicion of impairment. Drivers who appear to be abusing drugs or alcohol can be asked by DOT supervisors to submit to testing. This decision must be based on concrete evidence, such as odors, driver behavior, slurred speech, or the appearance of the truck driver.

5) If a driver has completed the “return-to-duty” process. If a driver refuses drug or alcohol testing or tests positive, he or she is required to complete a rigorous “return-to-duty” process, which includes testing or retesting.

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Avoiding a Florida Truck Accident This Holiday Season

Published on: November 5, 2010 | By Flaxman Law Group

When a Florida truck accident involves a passenger car and a truck, the consequences are often catastrophic, especially for the occupants of the passenger car. Due to the size and force of a truck, passenger car occupants are often killed or suffer serious injuries in this type of collision. Unfortunately, during the holidays, the roads can be even riskier. There are more cars and trucks sharing the roads at this time of year, as consumers head out to complete holiday shopping lists and as retailers order more and more deliveries by truck to fill needs. Plus, many companies hire temporary and less experienced truck drivers at this time of year. More vehicles on the road, hectic schedules, and general holiday pressures can combine to create greater risks of Florida pedestrian accidents, truck accidents, and car accidents. Here’s how you can avoid a tragedy this year:

1) Avoid driving near trucks. It’s not always possible, but where you can, stay away from trucks on the roads. Many large, commercial trucks have multiple blind spots. If you are behind, to the side, or directly in front of a truck, the driver might not see you. Get out of a truck’s blind spots, passing on the left, where many trucks have fewer blind spots.

2) Be especially careful at night. Turn on your lights and give trucks even more room.

3) Be on the lookout for dangerous truck drivers. If you see a truck driver who is driving erratically, dangerously, or aggressively, try to note the registration number. Pull over to the side of the road to report the truck location, date, time, and road. If you can safely do this, you may be able to help prevent a serious Florida car accident involving a truck.

4) Be extra vigilant on ramps. Entrance ramps are tricky because commercial trucks take extra time to stop and slow down. If you need to enter a highway in front of a truck, make sure you have lots of room to do so.

5) Keep your car in good condition. Good brakes and tires, especially, can help you swerve or stop suddenly if you need to avoid a collision. Good maintenance is especially important at this time of year, when wet conditions can be a contributing factor to accidents.

6) Remain a good, vigilant driver. If it has been many years since your driver training course, consider a refresher defensive driving course. You may be amazed at how much more confident you feel behind the wheel. A refresher course can help ensure that you have the skills to potentially avoid a Florida trucking accident. As well, make sure you avoid alcohol and any distractions while driving. Unfortunately, Florida drunk driving accidents and distracted driving accidents are a problem during the holidays and throughout the year. Do not contribute to this problem.

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Lifestyle Factors That Can Affect Florida Truck Accident Risks

Published on: October 25, 2010 | By Flaxman Law Group

Certain lifestyle factors and life choices can increase your risk of a Florida car accident or truck accident. These lifestyle factors can also be very risky when they are shared by Florida truck drivers who are entrusted with large commercial vehicles:

1) Obesity. Obesity can lead to many health problems, including high blood pressure, type 2 diabetes, sleep apnea, and other serious conditions. Unfortunately, these conditions can also be sneaky. A truck driver may not realize that he has these conditions until symptoms begin to manifest themselves. If these symptoms show up suddenly on the road, the result could be a Florida pedestrian accident or truck accident.

2) Shift work. Unfortunately, many Florida truck drivers take shift work, working at unusual hours, in order to help companies meet deadlines. Shift work has been linked to sleep disorders, which can lead to fatigued driving and therefore to accidents.

3) Drinking and drug use. Florida drunk driving accidents are still far too common and drunk driving involving trucks is more likely to result is serious injuries and death. Although Florida drunk driving campaigns have been warning drivers of the dangers of drunk driving, however, drugs – even over the counter and prescription medications – can lead to drowsiness or other symptoms which can cause an accident.

4) Obsession with gadgets. It’s not a lifestyle choice, admittedly, but many of us are very much attached to our wireless devices or music. While there’s nothing wrong with that in general, wanting to stay plugged in behind the wheel of a car is dangerous. Many people have lost their lives in Florida trucking accidents caused by distracted drivers.

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SAFE Hopes to Prevent Florida Truck Accidents and Car Accidents With Detailed Presentations

Published on: September 10, 2010 | By Flaxman Law Group

The NAS Jax Safety Department has been offering hands-on workshops to audiences to teach them about the dangers of Florida truck accidents, car accidents, and other accidents. Most recently, the department sponsored their “Street Smart” presentation over the Labor Day weekend. The presentation involved two Orlando paramedics who are part of Florida SAFE (Stay Alive From Education) Inc.

The presentations include audience participation, a clear description of cases where paramedics arrive at the scene of an accident and graphic depictions of accident scenes. According to SAFE, many trauma calls to local paramedics involve Florida drunk driving accidents. In many cases, drivers and passengers involved in these accidents are not wearing seat belts.

According to Orlando Firefighter and Paramedic Scott Neusch, who is also a part of SAFE, when a driver in a Florida truck accident or car accident is not wearing a seat belt, the chest hits the steering wheel. The impact of there crash causes the head of the driver to collide with the windshield and causes the thigh femur bones to be pushed into the abdomen.

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Preventing Florida Drunk Driving Accidents and Truck Accidents This Holiday Weekend

Published on: September 2, 2010 | By Flaxman Law Group

More than 40 agencies and many officers launched their “Hand Across the Border” campaign recently at the Florida and Alabama border. The campaign aims to increase the presence of law enforcement authorities on Florida’s roads during this holiday weekend in order to help prevent Florida car accidents and truck accidents.

According to the Florida Highway Patrol, the past year that the campaign was in place, there were fewer Florida drunk driving accidents and traffic accidents during the long weekend. According to law enforcement agencies, drunk driving is an especially severe problem during the last holiday weekend of the summer. As motorists hope to enjoy the final weekend of summer, they sometimes indulge in alcohol and get behind the wheel of a car. Unfortunately, that decision can easily lead to a Florida pedestrian accident, car accident, or other serious accident. When cars and trucks collide, the results tend to be even more dangerous and fatal. Trucks cannot stop as quickly as cars can, so an erratic motorist or truck driver can be an especial danger.

According to the Florida Highway Patrol, the message to motorists this holiday weekend is simple:

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What to Do if You are in a Florida Drunk Driving Truck Accident

Published on: July 14, 2010 | By Flaxman Law Group

If you are in a Florida car accident involving a truck and you suspect that the driver of the truck is under the influence, there are a few things you must do in order to safeguard your rights:

1) Help anyone at the scene. In most Florida trucking accidents, serious injuries are caused by the sheer size or force of the truck. In most cases, you will need to call 911. Even if you seem to have only minor injuries, you should still get medical help immediately. Not all medical emergencies are obvious immediately. Each year, a few Florida brain injuries prove fatal because a patient felt fine and did not seek medical treatment in time. Err on the side of caution.

2) Start documentation. Police will likely arrive at the scene of the accident and should administer a field sobriety test to the driver. If possible, it is also important for you to start documentation right away. Get the name and contact details of the driver and any witnesses. If you can, take photos of the scene. Note the time, exact location, and other details of the accident.

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Why Some Experts Are Pessimistic About Reducing the Rate of Florida Truck Accidents

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

According to the National Highway Transportation Safety Association, in 2008, 6.6% of all fatal commercial truck accidents in the country took place in Florida. Part of the problem, according to experts, is that Florida is a shipping area, and trucks move cargo from ports such as Miami through interstate highways to landlocked areas of the country. Also, the large size of these vehicles ensures that when Florida truck accidents do occur, they are likely to be fatal accidents.

According to experts, the National Highway Transportation Safety Association, the Florida Department of Transportation, and the Florida Highway Patrol have all taken steps to reduce the number of car accidents and truck accidents on state roads and highways. However, experts remain pessimistic about the possibility of significantly reducing the number of Florida traffic accidents involving trucks. This is because a number of truck accident risk factors are hard to address:

1) Driver fatigue. Many studies have confirmed that tired Florida drivers are as dangerous as drunk drivers. When sleepy, truck drivers are simply more likely to make mistakes or to experience lapses in judgment which can lead to accidents. There are many rules in place to prevent this. Florida commercial truck drivers, for example, are required by law to take 10 hours before shifts and must drive no more than 11 hours per day. Unfortunately, most truck drivers are paid more to drive more and it is very hard to regulate rest time and break time.

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