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

Will Plans to Change Cargo Ship and Train Access Affect Florida Truck Accident Rates?

Published on: June 14, 2011 | By Flaxman Law Group

New plans by the government could improve the economy in Florida while also possibly helping to prevent Florida truck accidents. A new government plan will divert some cargo traffic from trucks to a Florida East Coast Railway line that runs between Hileah and the Port of Miami. The move – slated to cost millions – could remove up to 5% of truck traffic between the cities and could reduce downtown Miami traffic by 1.4%. Since heavy traffic is considered a contributing factor to both Florida car accidents and truck accidents, one can’t help but wonder whether the move will help reduce collisions.

Changes to the railway line could be finished by 2012, thanks to a $22.7 million grant from the government and a further $10.9 million from the Florida Department of Transportation. Miami-Dade County will contribute $4.8 million to the project. The rail will help to get rid of 60 000 truck trips each year between Miami and Dodge Island.

The Miami Access Tunnel project is also underway. The two tunnels now being constructed will connect the port of Miami to Watson Island. This project, too, will help remove some truck traffic and other types of traffic from Miami. According to the Florida Department of Transportation, 16 000 vehicles each day travel through Miami’s downtown to get to or from the port. This includes about 4, 480 cargo trucks, or about 28% of all traffic. Each year, this amounts to 1.16 million trucks and 4.16 million vehicles traveling in the downtown area due to the Port of Miami. Diverting some of that traffic could have an impact on traffic and therefore the risk of collisions.

Experts believe that up to 80% of passenger cars traveling from the Port of Miami and to the area can start to use the Miami Access Tunnel once that is completed. However, there are plans underway to make Miami and Florida in general a cargo capital, and there are concerns that this could mean more traffic in the area over the long term. When the Panama Canal expands in 2014, more cargo and larger ships could eventually start heading for Florida. Experts believe that by 2015 and 2016, the Port of Miami will start to see a large increase in the number of cargo ships destined for the port.

So far, no research has been published about how the changes in the Panama Canal may affect truck traffic or Florida truck accident rates across the state. The construction of the Miami Access Tunnel and the changes to divert more traffic to railways may help to offset some of the traffic, but hopefully more research will be done to determine the effects of the changes on overall traffic and traffic accident rates.

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Help Your Teen Avoid a Florida Truck Accident

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

Teen drivers across the state have higher rates of Florida car accidents, and experts believe that this is the case because younger drivers simply have less experience when it comes to dealing with common road hazards and situations. For example, many teen drivers have little experience sharing the road with trucks. To ensure that your teen has the skills to avoid a collision with a truck, make sure that you:

1) Have your teen sign a no-distracted-driving and no-drinking-and-driving agreement. You can find such pledges on the Mothers Against Drunk Driving (MADD) website or you can devise your own. It’s important to really explain to your teen the dangers of drinking and driving or driving distracted, as these behaviors greatly increase the risk of a Florida truck accident.

2) Go over the rules of driving around trucks. Better yet, take your teen out in a car and teach them the basics of allowing extra room behind a truck and the basics of passing a truck safely. Do not just assume that your teen was taught about sharing the road with trucks in driver’s education. Your teen may not have absorbed that information enough to apply it easily.

3) Pay for extra training for your teen or ask your teen to get extra training before giving your new driver car privileges. Most teen driver programs cover a lot of ground and some include minimal in-car instruction. Extra defensive training or extra in-car lessons with a qualified instructor can be very helpful in giving your teen some extra skills and experience.

4) Limit the behaviors that can cause your teen driver to get into a car accident. When you allow your teen to drive, consider placing a limit on the number of passengers your teen can have in the car while driving. As well, if you live in a small community, consider limiting your teen to non-highway roads for a few weeks or a few months. Once your teen gains confidence and experience on smaller and less busy roads, you can then permit your teen to share the road with trucks.

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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.

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Renting a Moving Truck? Here’s What You Need to Know About Florida Truck Accidents

Published on: May 23, 2011 | By Flaxman Law Group

Many rental agencies rent out large trucks for do-it-yourself moves. If you are trying to save money, this can seem like a great alternative to the costs of hiring professional movers. However, this sort of move can also lead to a Florida truck accident. To stay safe, follow these tips:

1) Get the moving van inspected and get some training. Many moving truck rental have poor reputations for failing to maintain their fleets. You can read about company safety records online, but it is a good idea to get the truck inspected before you pack it, just in case. You may also want to get at least an hour or two of training with an instructor to get familiar with the truck. Many driving training schools can offer you two hours of training for less than $50, which will not add to moving costs substantially.

2) Keep a log of your hours on the road and your rests. If you are renting a very large moving truck, you may be required to maintain a log of time traveled, distance traveled, and any rest stops taken. If you are required to keep such records, keep them carefully; you could face serious legal problems if you fail to keep these records.

3) Get the right truck for your weight of cargo – and stop at weight stations as needed. Overloading a truck because you don’t want to go into the next larger truck size can mean that your moving truck is more prone to rollovers, tire blowouts and even brake problems. Most truck rental companies will help you estimate how much truck you need. If you need a very large truck, make sure that you stop at weight stations, as you are required to do by law.

4) Secure your cargo carefully. Pack your belongings carefully any use plenty of tie-downs to keep them secure in the truck. If your cargo moves or shifts as you drive, you will have a harder time controlling the truck and you will increase your chances of being in a Florida car accident.

5) Consider alternatives. If you need to move many items and will require a very large truck, think twice. Very large trucks are hard to maneuver and are not really intended to be driven by passenger car drivers with no truck driving experience. There are many low-cost alternatives. For example, you can rent the low-cost truck yourself and hire a professional driver to drive it for you. You can also combine moving costs with another family headed for the same destination. Another option is to take advantage of one of the DIY packing companies. The company will drop off a large freight container at your home, which you can pack at your leisure. A professional truck driver will then drive the container to your destination.

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Driver Fatigue and Florida Truck Accidents

Published on: May 20, 2011 | By Flaxman Law Group

In June 2009, a Miami truck driver who was fatigued caused a severe truck accidents that resulted in a multiple-vehicle pileup, ten deaths, and six injuries. The National Transportation Safety Board (NTSB) determined that the accident was caused by fatigued driving, with the driver suffering from mild sleep apnea as well as “circadian disruption” caused by the driver’s shift schedule.

Unfortunately, the incident was not isolated. Every year, Florida truck accidents as well as car and truck accidents across the entire country, are caused by fatigued drivers. According to Deborah A.P. Hersman, chairman of the NTSB, the 2009 crash shows that three new federal rules are needed to help prevent these types of truck accidents:

1) A fatigue management system. According to the NTSB, such a system would include set scheduling practices, attendance rules, education of truck drivers and the public about warning signs, medical screening and treatment for sleep apnea and other sleep-related conditions, the creation of rest environments for drivers, and new commuting policies. This comprehensive system would address some of the more common causes for driver fatigue.

2) Event recorders. The NTSB has also recommended recorders such as video cameras in cabs. While these might not help prevent accidents, the NTSB notes that such devices would help investigate accidents. The NTSB also believes that event recorders would help carriers evaluate driver performance and this might ostensibly help prevent Florida trucking accidents as well as accidents across the country.

3) A collision warning system. Airplanes in Florida use Traffic Alert and Collision Avoidance Systems (TCAS) to help prevent Florida aviation accidents and the NTSB believes that similar technology can help prevent truck accidents. The systems work by providing auditory warning signals when other vehicles are close.

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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.

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Load Problems Can Lead to 18-Wheeler Truck Accidents in Florida

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

In 2009, there were 3,163 people killed in truck accidents across the country. Overwhelmingly, the victims were either pedestrians or other motorists. Passengers of passenger vehicles accounted for 70% of these deaths and bicyclists, motorists, and pedestrians accounted for 14% of these fatalities. Load problems – including loads that shift inside the truck or fall out of the truck – are a leading cause of truck accidents in Florida and across the country.

When loads are not secured or are too large or heavy for a truck, the truck is at a greater risk of rollovers. Too-large loads also put undue stress on the vehicle’s brakes and tires, making tire blowouts and even brake failure more likely. A truck that has a too-heavy load or a load that is not correctly secured is more difficult for the driver to control and is therefore more likely to be in an accident. A regular commercial truck, for example, takes 40% more time to stop than a passenger car. When a truck is overburdened, it can take even longer to stop, making accidents harder to avoid.

There are several laws designed to help prevent Florida truck accidents caused by load issues. In 2002, for example, the Federal Motor Carrier Safety Administration (FMCSA) created new rules about securing loads. New rules require trucks to secure cargo in such a way that it does not shift so that it impedes the normal operation of the vehicle. When traveling on public roads, commercial trucks are also required to secure their cargo and loads so that the cargo does not fall, spill, or blow from the truck.

In addition, there are rules in place about the minimum number of tie-downs required to secure a cargo. These rules require that cargos which are no more than 1100 lb and 5 feet or less in length have at least one tie-down. Items up to ten feet require a minimum of two.

Commercial trucks are subject to strict weight limits and weigh stations across the US and Canada require all large trucks to stop and get weighed. Trucks above safe weight limits are subject to fines. As well, trucks carrying unsafe or dangerous cargo are subject to special requirements and limitations. In addition, in cases where a truck carrying a load or cargo that has been unsafely secured causes an accident, victims have the right to pursue legal action against the carrier, and even the driver of the vehicle.

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Truck Weight Regulations and Florida Truck Accidents

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

One of the reasons why trucks are so dangerous and contribute to so many Florida car accidents each year is the sheer weight of the vehicles. The large size and weight of commercial trucks such as tractor trailers or semi trucks makes these vehicles unwieldy and slow to respond on the road. In the case of an accident, even small mistakes can lead to serious injuries. As well, drivers of these vehicles are often limited in their ability to drive defensively; since commercial trucks respond far more slowly than passenger vehicles, it is harder to avoid an accident.

Congress passed laws in 1973 to make trucks safer and to reduce the risks of truck accidents. One of the laws restricted the size and weight of loads. For travel in between states, load weights were limited to 40 tons (80 000 pounds). However, overweight permits and oversize permits are available to permit larger trucks on the road in certain circumstances. As well, the weight limits for steer axles are 12 000 pounds while the limits of dual axles are 34 000 pounds and the limit on single axles is 20 000 pounds.

There are federal limits which limit the size as well as the weight of trucks. On all federal highways, trucks can tow 2 trailers of 28 feet or one trailer of 48-feet. Trucks must be no wider than 102 inches on these roads.

States have their own rules and limits on truck weights, as well. Some states, for example, impose seasonal weight limits. Michigan is one such state. Other states allow some oversize trucks or overweight loads, as long as truck carriers meet specific safety requirements.

The reason for these federal and state weight limits is simple. The heavier a truck is, the greater a danger it is on the road. This is because in a truck accident a heavier truck creates a greater impact upon collision and is therefore more likely to cause serious damage and possible fatalities. As well, heavier trucks are more likely to rollover and are more difficult to manage, making it more likely that even an experienced truck driver will be in an accident. Finally, heavier trucks cause more wear on tires and brakes, making it more likely that these systems will fail prematurely.

To enforce federal and state weight limits, there are weight stations in every state. Trucks are supposed to automatically stop at these stations when the stations are open to allow authorities to check for weight violations. Unfortunately, some trucks continue to flout the rules and avoid the weight stations, creating unnecessary danger on the roads.

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Could Rising Fuel Prices Actually Lower Florida Truck Accident Rates?

Published on: April 13, 2011 | By Flaxman Law Group

For most customers, rising fuel and diesel prices are bad news. Not only are the costs of transportation quickly rising with fuel prices, but the costs of consumer products are increasing due to the costs of fuel. Most products sold to consumers need to be transported by truck or by other vehicles which use diesel. As fuel prices increase, companies are increasing fuel surcharges and consumers are facing higher costs at retail centers, too.

According to the trucking industry, diesel prices are close to $4 a gallon, a dollar increase over the same time last year. While no one likes higher prices, could the increase in costs actually have a hidden benefit? Many carriers are looking for ways to reduce fuel use in order to keep prices competitive, and many of the methods used to lower fuel consumption may actually also help prevent Florida truck accidents:

1) Better route planning. Most truck companies are now trying to find the most efficient ways to get from point A to point B, with an eye to fuel efficiency. However, faster routes can also mean less occupied routes, which could mean fewer Florida car accidents involving trucks. If companies avoid busy roads in order to reduce idling and slow speeds, there will be less competition on roads and potentially fewer accidents.

2) Less idling. Idling uses up fuel, so it is expected that carriers will be more strict about idling. However, idling can also help reduce pollution and can help make the streets safer and cleaner.

3) Better truck maintenance. Commercial trucks that need repairs are more likely to be fuel-inefficient. They are also more likely to have flaws – such as brake trouble or undetected tire defects – that can lead to an accident. By improving care of vehicles to save on fuel costs, carriers may also be making their fleets safer.

4) Using specific tires, air foils, mud flaps and other equipment. Using equipment designed to make trucks more fuel-efficient may not automatically make trucks safer. However, more attention to trucks can help carriers notice – and fix – any problems that could lead to an accident.

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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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