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

How Truck Drivers Work to Stop Crime as Well as Traffic Accidents

Published on: January 9, 2015 | By Flaxman Law Group

Commercial truck drivers do a great deal more than simply deliver cargo for clients. Their intensive training and strict licensing means that they have the driving skills and experience to stop many truck and car collisions in Miami and other Florida cities. Truck drivers also act as eyes on the road, stopping criminal behavior on the road and at truck stops.

Truck Drivers Work to Prevent Traffic Collisions

Most truck drivers have more training and on-the-road experience than passenger car drivers. In some cases, this means that drivers of big rigs and tractor trailers can act quickly to avoid a collision. Truckers may be able to predict a dangerous maneuver and evade a collision. They are also trained in crash avoidance techniques. When other motorists drive unsafely around trucks, they put everyone at risk. In some cases, it is only the quick thinking of truckers that can prevent tragedy.

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Why You Need an Attorney: How Trucking Accidents are Different From Car Accidents

Published on: September 12, 2014 | By Flaxman Law Group

On the surface, car and truck accidents in Davie and other Florida communities look very much alike. They both involve drivers and insurance companies and both take place on the roadways. In both cases, there are likely to be injuries or even fatalities. Even the laws are similar, in that if a driver was negligent they can be held liable under Florida law.

Despite these similarities, truck and car accidents in Davie differ in a few significant ways:

1) Truck accident injuries are far more likely to be severe.

A broadside collision between two passenger vehicles can be serious, but when one of the vehicles involved is a commercial truck the accident is even more likely to lead to devastating injury or fatalities. More severe injuries can mean more compensation required to pay for medical bills. Unfortunately, it can also mean that some insurance companies are more likely to balk at the cost.

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Preventing Waste Truck Collisions in Homestead and Other Florida Cities

Published on: July 24, 2014 | By Flaxman Law Group

There are far fewer school bus accidents in Homestead and other communities than car accidents. One reason for that is that most drivers are much more careful around school buses than around average cars. In fact, there are laws in place to ensure that drivers use extra caution around vehicles transporting school children.

Now, a new law may help prevent waste truck accidents in Homestead and other Florida cities by getting motorists to slow down and show more caution around waste and recycling trucks. The new Florida law covers waste and recycling trucks under the same law that covers emergency vehicles.

Across the country, more than 135,000 men and women work with waste and recycling trucks, keeping streets and communities clean. These workers are especially vulnerable to workplace accidents in Homestead and other communities across the country, and one of the big risks in this industry has to do with pedestrian accidents. Waste and recycling trucks make frequent stops and when they do, trucking collisions can occur. In addition, workers from these trucks need to approach the curb and cross the street in order to pick up items from the curb. This puts these workers at risk, especially if drivers around them are distracted or try to drive around a stopped waste or recycling truck. The new law aims to address this common cause of injury.

New Florida laws intended to prevent waste truck collisions

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Will Florida’s New Law Reduce the Risk of Waste Truck Collisions?

Published on: July 15, 2014 | By Flaxman Law Group

Waste truck collisions in Miami, Homestead, and other Florida cities are a cause for concern. Although often low-speed crashes, these accidents pose a high risk for injury, since waste trucks are so heavy and large. These collisions especially tend to affect pedestrians who may be trying to get around the truck. In many cases, motorists and pedestrians may not notice the frequent stops waste trucks make.

Last month, Florida Governor Rick Scott signed House Bill 7005 into law. The transportation bill includes rules that will hopefully help prevent recycling and waste truck collisions. One part of the bill includes waste and recycling trucks in the state’s “Move Over Act.” The “Move Over Act” has been in Florida for some time and requires drivers to move over one lane or slow down to 20 mph under the posted speed limit when approaching a tow truck or emergency vehicle. The law was aimed at reducing pedestrian accidents in Miami and other cities caused by drivers passing too close to emergency workers and tow truck drivers who were assisting people on the side of the road. Thanks to the passage of House Bill 7005 into law, recycling and waste trucks will now be included, potentially preventing Florida and Miami roadway collisions involving recycling and sanitation workers.

The National Waste & Recycling Association (NW&RA) has praised the new law and has also continued its own efforts to pass “Slow Down to Get Around” laws in other states. The organization also has a “Slow Down to Get Around” campaign to alert drivers of the importance of slowing down and driving with more caution when driving near or around sanitation trucks. The campaign is meant to help reduce traffic accidents as well as sanitation worker workplace accidents in Miami and other cities.

Safety experts and the National Waste & Recycling Association (NW&RA) have a few tips for drivers to help them avoid car collisions in Miami and other cities:

1) Keep in mind that waste and recycling collection trucks make frequent stops and have larger blind spots. Driving near these vehicles is not like driving near other cars – or even near commercial trucks. Drivers need to be more alert and prepared to stop.

2) Be aware of pedestrian traffic around sanitation trucks. Workers need to move from the truck to the sidewalk to pick up recyclables and other items. This makes them vulnerable to collisions. When you see a sanitation truck stopped or parked, keep alert for any workers in the area.

3) On your own waste and recycling collection day, use extra caution when leaving your driveway for work. When backing up, make sure that there are no city workers in your blind spots. On collection day, place your recycling and any other items for pick-up at the appropriate place on the curb.

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How Does Florida Rank When it Comes to Highway Safety?

Published on: June 17, 2014 | By Flaxman Law Group

In freeway accidents in Miami and highway accidents across the state, good road design plays an important role. Good road maintenance and design can help prevent accidents and injuries. Part of the safety measures that can be used on roadways include good traffic signals, lights, and signs to help provide drivers with the information they need to stay safe. Guardrails are also an important part of preventing accidents and injuries, especially on highways. According to at least one organization, however, Florida may not rank very high when it comes to guardrail safety.

According to a group known as Safety Research and Strategies, Florida is not doing enough to keep drivers safe. The organization is suing the Florida Department of Transportation, alleging that the agency is withholding public documents about highway safety even though it is illegal to do so.

Safety Research and Strategies also claims that faulty guardrails across the state may be putting millions of motorists at risk. Part of the guardrail issue, according to the group, is that the company that makes the guardrails reduced the height of its guardrails from 5 to four feet in 2005. This reduction in height, Safety Research and Strategies claims, puts drivers at risk. The group cites a 2012 survey conducted by the American Association of State Highway and Transportation Officials to prove its point. That survey concluded that the shorter guardrails could be linked to fatal and serious car accidents. The Department of Transportation in Nevada withdrew its approval of the shorter guardrails in January 2014 and Safety Research and Strategies believes that Florida should follow suit.

In February 2014, Safety Research and Strategies requested thousands of Florida Department of Transportation documents regarding the guardrails. As of June, the group had not received the information, prompting the lawsuit. The organization would like a judge to ensure that the documents are handed over so that the group can inform Florida residents whether the government agency knew about the risks of the new guardrails. Both the Florida Department of Transportation and the company that produces the guardrails have declined to comment on the lawsuit.

It is difficult to know what the public documents or the lawsuit will reveal, but there is little doubt that guardrails are an important part of highway safety. In rollover accidents in Miami and other cities, guardrails can prevent cars from going over embankments and off the road. Guardrails can stop an out-of-control truck or car. Poor road design issues in Miami and other cities can include missing, broken, or inadequate guardrails. While it is difficult to tell whether the shorter guardrails do in fact carry a higher risk of accident and injury, it will be interesting to see whether the lawsuit and documents will reveal new information about how Florida fares in terms of highway safety.

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Agency Weighs in on Safety for Semis, Aims to Reduce Truck Accidents

Published on: May 27, 2014 | By Flaxman Law Group

Last year, the National Transportation Safety Board (NTSB) conducted a study into trucking accidents and has submitted recommendations based on that research to the National Highway Traffic Safety Administration (NHTSA). The recommendations are meant to specifically male tractor-trailers safer while also preventing accidents involving these vehicles.

Research conducted by the NTSB found a number of troubling facts, including the fact that in most pedestrian accidents involving tractor trailers moving away from a stoplight, truckers were not aware that they had caused a pedestrian accident until other drivers indicated the problem, The NTSB also found that up to 500 fatalities caused by underride accidents involve a broadside collision with the side of a trailer.

The NTSB submitted a number of recommendations based on their research, including:

•Recommending that tractor-trailers add guards along the sides of the trailers to prevent underride accidents
•Recommending that VIN numbers of trailers be included in accident reports
•Recommending that the NHTSA make blind-spot reduction solutions mandatory for tractor trailers
•Recommending that rear underride systems be improved
•Recommending that tractor-trailers with gross weight ratings of more than 26,000 pounds be equipped with visibility enhancement systems to reduce pedestrian accidents and collisions involving smaller vehicles
So far, the NHTSA has not made the requested changes and it could be some time before these changes are made. However, safety experts have been making these recommendations for some time. For example, experts have noted that underride accidents in Miami and other cities could be prevented with correct guards. They have also noted that more needs to be done to prevent pedestrian accidents in Miami as well as trucking collisions in Miami and other cities. It remains to be seen whether the recommendations will be adopted and whether they will have the desired effect of reducing trucking crashes. It is possible that further recommendations will be made in the future as well to improve tractor trailer safety.

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New Study Questions Hours of Service Rules and Their Impact on Trucking Collisions

Published on: May 8, 2014 | By Flaxman Law Group

The Federal Motor Carrier Safety Administration (FMCSA) recently changed hours of service rules to ensure that commercial truck drivers could drive no more than 70 hours per week in total. The new rules were in part based on a research study. In a new study, however, the American Transportation Research Institute has stated that the research used by the FMCSA contained errors that could call into question the new hours of service rules.

As a result of the statement and study released by the American Transportation Research Institute, two members of Congress have submitted a request to the Government Accountability Office to have the study used by the FMCSA checked. The FMCSA has defended its use of the study.

In the FMCSA study, 106 truck drivers were studied. Fatigue measurements were taken of the drivers during two driving cycles, which included two longer breaks known as restart breaks. The results of that study were used by the agency to back the new hours of service rules that began in July of last year. That same study was used to back up the need for the longer re-start break that went into effect at the same time. That break is now required of all commercial truck drivers before they can start a new work week.

The American Transportation Research Institute, however, claims that the study has technical problems, including problems involving data conflicts, measurement techniques, the interpretation of data, and basic study design flaws. For example, the study claims that the restart breaks measured involved one and two periods of nighttime but in fact the American Transportation Research Institute alleges that the study instead examined restarts that involve an unknown number and restarts that involved 34 hours away from duty. The group also raised questions about the fact that the study examines only 106 drivers and only over a period of about twelve days. In addition, the group notes that the sleepiness scale used did not show any levels of sleepiness when average driver scores were compared.

The FMCSA noted that their study was one of the “largest real-word studies” involving commercial truck drivers. They also stand by the study’s findings that drivers who get a 34-hour break with two nights of rest exhibit fewer signs of sleepiness, especially when driving at night, when compared with drivers who get shorter breaks.

So who is right? Do the new hours of service rules really work to prevent trucking collisions in Miami and other communities? Or is the data behind the new rule flawed and would different approaches help to combat the rate of traffic crashes and fatalities on Miami streets?

Most safety experts agree that fatigued driving in Miami and other cities is a contributor to truck collisions. However, most experts disagree about the best ways to combat tired driving. Not all fatigued driving, for example, is caused simply by lack of off-duty hours. In some cases, sleep apnea or other conditions can contribute to fatigue. On the other hand, getting enough hours off-duty could encourage truck drivers to see their doctors, get adequate rest, and take care of their health so that they stay safer on the roads. Is that enough to prevent truck collisions?

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Would Speed Changes in Florida Affect Trucking Accident Rates in Homestead and Beyond?

Published on: April 3, 2014 | By Flaxman Law Group

Interstate highways near Homestead and across Florida are the site of many trucking accidents each year. A new bill working its way through Legislature would attempt to improve the statistics by increasing the speed limit on interstate highways to 75 mph.

The question is whether the speed limit would mean more truck and automobile accidents in Homestead and Florida – or fewer. Opponents of the move say that increasing the speed limit will encourage drivers to go faster, leading to more traffic accidents in Homestead and other cities as well as more fatalities.

Supporters of the bill say that the bill would actually lead to fewer traffic crashes. They argue that many drivers are already going 75 mph and the new speed limit would simply reflect this and would encourage more drivers to drive at similar speeds, discouraging collisions. They point to studies that have shown that speed alone does not lead to more crashes – rather, it is a disparity of speed between motorists that is most likely to lead to accidents.

Bill SB 392 is sponsored by Senator Jeff Brandes of St. Petersburg and Jeff Clemens of D-Lake Worth. Already, the proposed law had passed through committees and has not yet faced considerable opposition. If passed, the bill would permit the Department of Transportation or increase speed limits on rural, four-lane divided highways to 70 mph from the current 65 mph and would allow the agency to increase limits on limited access highways and interstate highways from a current 70 mph to 75 mph. The speed limit on other roads could be increased to 65 mph if the new bill passes.

Jeff Clemens has noted that in the middle of the 1990s the national speed limit was quashed, allowing for speeds higher than the 55 mph that were current at the time. Since then, Clemens notes that fatalities for traffic accidents have only increased one year and overall fatalities resulting from traffic fatalities have steadily declined.

However, some safety experts disagree that a speed limit increase would help with reducing traffic accident fatalities in Homestead and other Florida cities. According to a representative from the National Safety Council, increasing speed limits will increase the likelihood of accidents, injuries, and fatalities. One concern for safety experts is that many people on interstate highways already speed above the current 70 mph speed limit. According to some anecdotal information, many drivers who speed on these roadways drive between 75 and 80 mph, and increasing the speed limit may encourage them to go even faster. In Florida, the first five miles per hour above the speed limit results only in warnings or fines. Therefore, drivers might be encouraged to drive 80 mph with the new speed limits without worrying about getting a fine.

What do you think – will the new speed limits improve safety or threaten it on our roads?

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Top Five Reasons You May Have a Hard Time Getting Fair Compensation after Your Hollywood Truck Accident – And What You Can Do About it

Published on: March 27, 2014 | By Flaxman Law Group

After a trucking accident in Hollywood or your community, you expect your insurance company to help you. After all, you probably pay your insurance carrier substantial amounts of money in premiums for car insurance coverage. In addition, insurance companies go out of their way to market themselves as caring companies that care for you in the event of a tragedy. Unfortunately, if you have been in a serious truck or car accident in Hollywood involving a big rig, tractor-trailer, or other commercial vehicle, you may find it difficult to get fair compensation for your injuries. There are five main reasons for this:

1) Trucking accidents often become a case of finger-pointing. In many cases, trucking accidents are blamed on the passenger car driver, often with very little investigation. Statistics show that many commercial truck accidents are in fact caused by passenger car drivers who are negligent, but this does not mean that this was the case in your situation. In addition to finger-pointing when it comes to blame, you may find that there is a lot of shuffling when it comes to admitting who is liable. Even when it is obvious that the crash was not your fault, the accident may be blamed on the truck driver, the motor carrier, road conditions, and a variety of factors.

2) Trucking collisions often involve serious, long-term injuries. Insurance companies tend to compensate for immediate costs, such as medical bills, lost wages, and property damage. Unfortunately, due to the size and force of big rigs and tractor-trailers, many truck crashes involve serious injuries, such as spinal cord injuries, brain injuries, amputations, and more. With these injuries, you have to consider not only substantial immediate medical costs, but also long-term lost income and medical bills that will arise. In many cases, insurance carriers do not consider these costs when making an offer.

3) Insurance companies are in the business of profits. Insurance companies may promise to care for you, but ultimately they are responsible not to you but to their shareholders. The aim of large insurance companies is to be as profitable as possible, and this means that they have a financial interest to not pay out the maximum compensation possible in every accident. Even if you receive what you consider to be a fair insurance offer, speaking with a personal injury attorney in Hollywood or your community you may find that your case is actually worth a lot more.

4) Florida is considered one of the top states for insurance fraud. Unfortunately, Florida has the distinction of having the highest rate of insurance fraud when it comes to car insurance. This makes car insurers far more careful about checking for fraud, and this can delay the insurance process or in some cases can even lead to unjustified rejection of a legitimate insurance claim.

5) There is often a lot of confusion after a trucking accident. Due to the size and force of the vehicles involved, these types of accidents tend to be multiple vehicle collisions, front end collisions, or rear end shunt accidents that cause a lot of damage. It can be difficult to get straight answers, especially once the attorneys of the truck carrier and insurance companies become involved and work to limit liability. Working with a personal injury attorney ensures that your interests are protected and that a thorough investigation is conducted to get to the bottom of what has happened.

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Dealing with Insurance after a Rental Truck Accident

Published on: March 25, 2014 | By Flaxman Law Group

Many Florida residents rent trucks each year. Rental trucks are a convenient way to move house, haul furniture, or take care of home reno projects without having to buy your own light truck. Unfortunately, each year people are seriously injured or killed in trucking and traffic accidents in Hollywood and Florida involving rental trucks.

There are three main issues that can cause problems with rental trucks:

•Many people who rent trucks are not familiar with these larger vehicles and may not know exactly how to handle them safely
•Investigative journalists have found that some rental truck companies are not very conscientious in maintaining their fleets, meaning that some trucks are in poor condition
•Some people rent trucks in order to drive them to unfamiliar locations – such as a new house – and this can increase the likelihood of a crash
If you have been in a rental truck accident, you will generally have some insurance. You may be covered by your car’s regular insurance, by the insurance you purchased from the rental truck company, or by some other form of insurance. Unfortunately, since a rental truck is not your usual vehicle, you may find yourself involved in insurance dispute in Hollywood or your community. All too often, people who are injured seriously or have suffered property damage due to a rental truck issue find that they struggle to get fair compensation for their injuries.

If you have been injured as a result of a car or truck accident involving a rental truck, it is very important to consult with a personal injury attorney in Hollywood or your community. These cases are often very complex. The rental truck company will often point fingers or refuse to accept liability, and the agreement that you signed with the company in order to rent a truck may have wording that limits the liability of the company. In addition, even figuring out where to turn for insurance money can be very complicated. In some cases, your credit card company will cover part of the damages, while in other cases you regular car insurance or the truck company insurance carrier is expected to cover part of the damages.

A personal injury attorney can review your rental truck agreement, the state and maintenance of the vehicle involved, and other details of your case. A qualified attorney can help find figure out whether the truck company was negligent in maintaining the vehicle or did anything that could have contributed to the accident. If there are liable parties, a personal injury attorney can help you pursue them in order to get fair compensation. In many cases, you also need help with the insurance process in these cases, and a personal injury attorney can help with this and with negotiating with the insurance carrier.

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