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

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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Preventing Florida Truck Accidents in Work Zones

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

According to the Florida Department of Transportation (FDOT), the cast majority of Florida truck accidents in work zones are preventable. The agency has launched its Work Zone Safety campaign to raise awareness of the issue and to help prevent truck accidents and workplace accidents. The FDOT’s efforts may be paying off, as workplace collisions have been decreasing. In 2008, there were 93 fatalities in Florida construction zones, compared to 137 in 2005. However, there is still room for improvement. According to FDOT, everyone can help by:

1) Walking and driving through work zones more carefully. According to FDOT, most of the fatalities in the state’s work zones occur due to Florida pedestrian accidents or car accidents. Try to avoid driving or walking through a work zone. If it cannot be help, stay alert, follow signs, maintain good communication with the workers on the job, and proceed slowly.

2) Use extra caution when driving at night. According to FDOT, more than 50% of the fatal collisions which occur in Florida’s work zones take place after dark. Poor visibility can make it easier to collide with work equipment and can make it easier to fall into a hole dug by work crews. If you need to pass by a work zone after dark, don’t be casual, even if the work zone is empty. Use your lights and slow down so that you can see the warning signs in place.

3) Don’t mix alcohol with driving. Drunk driving is dangerous any time, but it can be especially risky in a work zone. FDOT reports that Florida drunk driving accidents account for almost one in four fatal work zone crashes.

4) Slow down. Even if you think you can drive at full speed by a work zone, you can’t. It pays to be patient; work zones are often highly unpredictable environments. A truck may pull out in front of you at any minute as it does its work task or a worker may inadvertently walk in front of your car. According to FDOT, over half of all work zone accidents are related to speeding.

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How Elderly Drivers Can Help Prevent Florida Truck Accidents

Published on: February 11, 2011 | By Flaxman Law Group

While many elderly drivers can and do drive safely, elderly drivers do face some additional challenges when sharing the road with trucks. For example, many elderly drivers have medical conditions which can affect their driving. According to AARP, there are several things that elderly drivers can do to help prevent Florida truck accidents:

1) Maintain good communication with healthcare providers. Talk to your pharmacists about how your medication and over-the-counter medication can affect your driving. Visit your doctor and eye doctor regularly to maintain good health. If you have been diagnosed with a medical condition, be sure to discuss with your physician how the diagnosis may impact everyday activities, such as driving.

2) Keep in mind that disabled parking spaces and truck zones are often in the same area. Many Florida car accidents occur because of this. In many cases, trucks must pull up very close to stores and businesses. At the same time, many businesses provide disabled parking spaces near their businesses. When reversing or parking, stay extra alert for trucks.

3) Take extra training. Refresher courses and courses intended for elderly drivers help you shape up your skills and can even mean discounts on your insurance costs. As well, refresher training helps you to adjust to changing traffic patterns, new legislation changes and road rules, and the changing driving environment.

4) Make sure that you and your car are ready for the road. Keep yourself in good physical condition and avoid driving if you feel unwell or if you doctor has told you to avoid driving. Keep you car in good shape so that it is ready to respond quickly if you need to avoid a collision. If you need special items or gadgets for your car to help you drive safely, get these as quickly as you can.

5) Get evaluated often. If you have had a serious health issue or if it has been some time since you have been evaluated for driving skills, talk to a driving instructor. Many instructors offer special evaluations for elderly drivers and those who have faced challenges. These evaluations can help you determine whether you can safely drive and can help you address any bad habits which can put you at risk of a Florida car accident.

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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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Pedestrians Can Help Prevent Florida Truck Accidents

Published on: February 7, 2011 | By Flaxman Law Group

Florida pedestrian accidents involving trucks are usually tragic. Pedestrians have almost no protection against the sheer size and force of a large commercial truck and can often not get away quickly enough to prevent serious injury and fatality in a collision. Florida truck accidents involving pedestrians are especially prevalent near intersections, on worksites, and in parking lots. According to the FMCSA (The Federal Motor Carrier Safety Administration), pedestrians can do their part to prevent these accidents by:

1) Making eye contact first. Pedestrians can be all but invisible to truck drivers and trucks have many blind spots. Never walk behind a truck, along the side of a truck, or cross in front of a truck until you make eye contact with the driver and get acknowledgment from the driver.

2) Staying in pedestrian-safe zones. Walking in crosswalks and on sidewalks is much safer than trying to walk on the road or trying to cross without a crosswalk. If you try to cross the street without a crosswalk, a car may be able to stop in time, but trucks take much longer to brake and may not be able to stop in time to prevent a serious accident.

3) Staying alert for trucks. Keep in mind that trucks may sometimes swing up onto sidewalks when making wide turns. Some truck drivers park up on curbs in high-traffic areas to get out of the way of traffic. Keep alert and look about you so that you will notice trucks backing up, turning, or coming near you. Avoid listening to music, using mobile devices, or distracting yourself when out walking in areas with truck and car traffic. For a more leisurely walk, stick to walking trails.

4) Staying visible. In bad weather and at night, pedestrians may not be very visible. Wearing light and reflective clothing can help, but carrying a flashlight is the best way to stay visible, according to the FMCSA. Keep in mind that commercial truck drivers often travel at night, so you are more likely to encounter truck traffic, even once car traffic lessens for the evening.

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What Motorcyclists Can Do to Prevent Florida Truck Accidents

Published on: February 4, 2011 | By Flaxman Law Group

While many Florida truck accidents take place when cars and trucks collide, each year Florida motorcyclists are seriously injured or killed in collisions with trucks. For motorcyclists, truck accidents are especially dangerous because motorcyclists simply have fewer barriers and protections between themselves and the truck in a collision. In most cases, Florida truck accidents involving motorcyclists are fatal accidents. However, according to the FMCSA (The Federal Motor Carrier Safety Administration), there are several things that motorcyclists to reduce their risk of a serious collision with a truck:

1) Wear a helmet. According to the FMSCA and most experts, wearing a helmet is the single most important thing that motorcyclists can do to prevent the risk of sustaining serious brain injuries in an accident. Most fatal motorcycle accidents are fatal because the motorcyclist sustains a serious brain injury. However, many Florida brain injuries can be prevented by the use of safety measures – such as always wearing a helmet when riding on a motorcycle. Motorcyclists need to ensure that the helmets they wear fit properly and meet US Department of Transportation (DOT) standards.

2) Never ride in a truck’s blind spots. Trucks have large blind spots on the sides, in the back, and in the front. It is especially dangerous for motorcyclists to ride in these areas because while motorcyclists can move quickly and flexibly, trucks cannot. For example, if a motorcyclist is in front of a truck and brakes suddenly, the truck will take much longer to brake, resulting in a serious crash.

3) Use defensive driving. Keep in mind that motorcyclists are less visible to other drivers – including truck drivers. Stay extra alert of other vehicles and their lights. Avoid aggressive driving or riding in the lanes of other vehicles.

4) Avoid sudden bursts of speed. Many motorcyclists love their bikes because motorcycles respond quickly – they accelerate much faster than other vehicles. However, this can be fatal. Keep in mind that trucks take much longer to accelerate and brake. Avoid accelerating in front of a truck – you can easily collide with the vehicle.

5) Make sure you and your bike are ready before each ride. Inspect your bike and make sure you are calm, well-rested and prepared to focus on driving. Never distract yourself by using a mobile device while riding a bike. As well, make sure that you wear protective gear, including boots, jacket, and gloves.

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Plow Truck Accidents Are Common at This Time of Year

Published on: February 2, 2011 | By Flaxman Law Group

While Florida car accidents are more common at this time of year, if you will be driving outside of Florida you need to worry about winter conditions, as well. Truck accidents are more common at this time of year in states with winter conditions in part because there are more trucks out on the roads.

1) Give plows plenty of room. Keep in mind that you need to provide room for the truck itself, its plow attachment (which is sometimes wider than the plow truck itself) and the snow and ice being cleared. Plows push snow and ice to the sides, which can sometimes cause piles of snow along the sides of the road. If you are passing a plow, you could get stuck in the snow being pushed aside. The safest place is behind a plow, at least one truck length behind the vehicle.

2) Be prepared for plows to start and stop suddenly. Plows may need to stop, back up, and repeatedly plow stubborn patches of ice and snow. It is important to be aware of the possibility of these stops and to prepare yourself to brake suddenly if you are following a plow.

3) Do not speed. Plows are doing a job and therefore proceed at a slower pace than other vehicles on the road. Speeding can make it more likely that you will be in a collision.

4) If you see a plow, watch for other snow-clearing vehicles. Plows often work in groups or with salt trucks in order to clear the roads. If you see one plow working, be aware that other trucks may be on the way to clear road conditions.

5) Keep in mind that plows mean visibility issues. Plows tend to be large vehicles and may block part of your view of the road ahead. For this reason, passing a plow can be dangerous – you may not be able to see traffic in front of the plow. As well, plows have many blind spots. Stay well clear of plows and keep in mind that if you cannot see a plow’s mirrors, the driver likely cannot see you.

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Risk Factors of Commercial Drivers Involved in Florida Truck Accidents

Published on: January 28, 2011 | By Flaxman Law Group

Florida car accidents involving trucks can be caused by number of factors. According to the Federal Motor Carrier Safety Administration, a number of risk factors could influence the risks of commercial Florida truck accidents:

1) Age. According to the Federal Motor Carrier Safety Administration, commercial truck drivers between the ages of 18 and 21 have rates of violations almost twice the rates of drivers between the ages of 30 and 49. Young drivers are especially likely to drive at unsafe speeds. In truck accidents, young drivers were 50% more likely than drivers between 30 and 49 to be charged with a violation. These studies, cited by the Federal Motor Carrier Safety Administration, do not suggest that older truck drivers have a higher rate of traffic violations when compared with young and middle aged commercial truck drivers.

2) Experience. According to the Federal Motor Carrier Safety Administration, studies have proven that driver experience can play a major role in the risk of an accident. Quite simply, less experienced truck drivers are more likely to be an accident, possibly because they do not have the collision avoidance experience and the other skills which experience brings.

3) Sleep disorders. According to the Federal Motor Carrier Safety Administration, commercial truck drivers with a sleep disorder – sleep apneas the most common disorder – are between 3 and 14 times more likely to be in a truck accident.

4) Impulsiveness. Someone who has an inability to control impulses or shows signs of behavioral instability may be at a higher risk of being involved in an accident. According to studies, drivers who are impulsive may also be more likely to take risks or drive aggressively.

5) Aggressive, angry, and unsociable personalities. Studies of commercial truck drivers who have been involved in multiple accidents have suggested that many of these drivers have negative social traits.

While all these risk factors do not necessarily mean that a truck driver will be in a Florida truck accident, these can be seen as red flag signs of possible high risk. In many cases, carriers are already taking steps to help monitor or reduce the number of truck drivers in their fleets with these risk factors. For example, some carriers provide additional training for younger drivers or send drivers to doctors in order to ensure that sleep disorders are not an issue.

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Retaining Good Drivers Can Help Carriers Prevent Florida Truck Accidents

Published on: January 26, 2011 | By Flaxman Law Group

According to the Federal Motor Carrier Safety Administration, carriers and truck companies have a hard time retaining and hiring qualified drivers. In fact, according to the Federal Motor Carrier Safety Administration, there’s a shortage of qualified drivers for commercial carriers. The FMCSA has a few recommendations that can help carriers hire qualified drivers and thereby help prevent Florida car accidents involving trucks:

1) Driver Training. Proper driver training ensures that drivers have the skills and expertise needed to help avoid Florida truck accidents. Many truck drivers are hired after already receiving extensive education and training. However, truck carriers can institute their own training to ensure that drivers are prepared to meet the rigors and demands of a specific schedule. As well, according to the Federal Motor Carrier Safety Administration, carriers can help retain qualified drivers by providing driver training which allows for career advancement. If drivers are given training which allows them to achieve higher levels of career attainment or higher salaries, they may be less likely to leave the company.

2) Dispatch Operations. Fleet managers or dispatchers are the ones who communicate with drivers about their loads, schedules, and other logistics. However, at most companies, there is a high rate of turnover for dispatch and fleet managers. This means that in many cases fleet managers do not get to know truck drivers personally, something which the Federal Motor Carrier Safety Administration believes affects truck driver turnover rates as well. Having a lower truck driver to fleet manager ratio, training fleet managers correctly, and working to retain fleet managers as well as drivers can help companies retain qualified drivers, according to the Federal Motor Carrier Safety Administration.

3) Working Conditions. Long-haul commercial truck drivers face a difficult lifestyle. Many hours on the roads, irregular work hours, and an irregular schedule can contribute to stress. That stress is even more pronounced when truck drivers face poor working conditions. Providing more flexible hours, modern trucks with larger sleeping berths, and better working conditions overall can help carriers retain qualified drivers. As well, according to the Federal Motor Carrier Safety Administration, carriers can help enforce rest and off hour regulations enacted by the federal government to ensure that truck drivers get adequate rest.

4) Incentives and Rewards. According to the Federal Motor Carrier Safety Administration, carriers enacting incentive and reward programs for safety have been able to reduce instances of Florida truck accidents as well as the costs of insurance premiums. Incentives and rewards may take a variety of forms. Some carriers offer rewards – such as cash bonuses or gifts – to truck drivers who go accident free for a specific number of miles. Others offer an additional holiday bonus for truck drivers who have been able to remain accident free or violation free for an entire year. Other carriers have a points system, allowing them to reward commercial truck drivers for a variety of safety actions.

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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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