Item: Flaxman Law Group
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Author: Clara Barman

Common Causes of Florida Truck Accidents

Published on: November 22, 2010 | By Flaxman Law Group

In 2006, the Federal Motor Carrier Safety Administration published a report suggesting that although safety standards in the trucking industry are improving, traffic accidents involving trucks continue to claim many lives. In fact, according to the truck, one out of every 20 truck drivers will be in a serious truck accident. According to the Federal Motor Carrier Safety Administration report, each year there are 141, 000 truck accidents across the country, and in about 77, 000 cases the collision is due to some action on the part of the driver. According to the Federal Motor Carrier Safety Administration, the most common causes of truck accidents are:

1) Use of prescription medications. According to the Federal Motor Carrier Safety Administration, use of prescription drugs contributes to about 26% of truck accidents. Many Florida car accidents and truck accidents could be prevented if drivers were more open in communicating with their doctors and pharmacists about the side effects of the medications they are taking.

2) Speed. According to the Federal Motor Carrier Safety Administration, excessive speed plays a role in 23% of truck accidents. Many Florida truck accidents and car accidents are caused by truck drivers simply traveling too fast. Since trucks take longer to stop than passenger vehicles, drivers who speed are simply often unable to stop in time to prevent an accident. Trucks that speed are also more likely to lose control or roll over.

3) Unfamiliarity with roads or location. According to the Federal Motor Carrier Safety Administration, lack of familiarity causes about 22% of truck accidents. Modern technology may be able to help, with GPS devices and street view websites which allow drivers to become familiar with an area before getting in their vehicle.

4) Over-the-counter medications. According to the Federal Motor Carrier Safety Administration, over-the-counter medicine and drugs contribute to about 18% of truck accidents. Many over-the-counter medications cause drowsiness and sleepiness, which is why it is important to read warning labels and speak to a pharmacist before using any medications.

5) Too little surveillance. According to the Federal Motor Carrier Safety Administration, inadequate surveillance contributes to 14% of truck accidents. The trucking industry has many methods of surveillance – including truck “black boxes” and driver logs – to monitor drivers, but additional surveillance may help prevent Florida pedestrian accidents and truck accidents.

6) Driver fatigue. According to the Federal Motor Carrier Safety Administration, fatigue is a primary cause of about 15% of truck accidents. Hectic schedules and per-mile pay may encourage drivers to drive when fatigued, causing more accidents. As well, some medical conditions can affect sleep, leading to drowsiness behind the wheel.

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Cars Can Help Prevent Florida Truck Accidents

Published on: November 19, 2010 | By Flaxman Law Group

With Florida car accidents and truck accidents causing fatalities and injuries each day, there has never been a better time to get serious about preventing traffic collisions. There are many ways that drivers can help prevent a serious accident:

1) Check your car. Cars have very different safety ratings and selecting a car with a good rating is a good way to ensure that you can avoid an accident. Cars with good safety ratings may have safety features which can help prevent an accident. As well, safe cars usually have features which can help you prevent injury if you are in a Florida truck accident. If you cannot afford a newer car with a better safety rating, at least ensure correct maintenance of your current vehicle. Ensuring that your brakes, tires, lights, shocks, and wipers are in good condition can ensure that your car is functioning as safely as possible.

2) Use your car correctly. Don’t exceed the maximum amount your car can carry and if you drive a pickup truck, don’t allow anyone to ride in the bed of the truck. Everyone who gets in your car should wear a safety belt – it’s the law in Florida. Children should have age-appropriate child-restraint seats.

3) Learn to drive defensively. If you need refreshers, consider going in for additional driver training. Refresher courses are usually quite affordable and some insurance companies may give you incentives for additional training – call your insurance provider to find out. When out driving, obey rules, use your mirrors, anticipate problems, and obey traffic signs and rules.

4) Take care of yourself. Just as you take care of your car to ensure that it is safe for the road, you need to take good care of yourself to ensure that you are a fit driver. Talk to your pharmacist and doctor about any health conditions you have or about any medications you take (including over-the-counter medications). Some conditions and medications can affect your driving ability. Get adequate rest every night to ensure you that you do not drive fatigued. As well, get your eyesight checked once a year or as needed to ensure that you can see well enough to drive.

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How Motorists Can Prevent Florida Truck Accidents

Published on: November 17, 2010 | By Flaxman Law Group

In Florida, traffic accidents – including Florida pedestrian accidents, truck accidents, and car accidents – account for more injuries and fatalities than all other types of injuries and accidents combined. Most years, there are thousands of Florida truck accident and car accident fatalities and more than a quarter million personal injuries resulting from traffic collisions.

Several years ago, Florida had an educational campaign with the slogan “arrive alive,” to remind Florida drivers to drive defensively. Since then, there have been other campaigns and initiatives, warning drivers about the dangers of distracted driving, drunk driving, and about the importance of seat belt use. Florida truck accidents and car accidents continue to claim lives and wreak devastation, however. According to the experts, there are several things that drivers can do:

1) Avoid Florida drunk driving accidents by watching your alcohol intake. Even one or two drinks can put you over the legal alcohol limit and increase your risk of an accident. Avoid drinking at all when you know you will be driving and always have an alternate way home to ensure that you have safe options. If you have designated a driver, make sure the driver is sober before he or she drives you home.

2) Adjust your driving for the road. Construction, bad weather, poor lighting conditions, and heavy traffic all increase the risk of a Florida truck accident or car accident. When conditions are very bad or beyond your driving ability, stay off the roads. If conditions are worse than usual but still passable, use extreme caution and slow down.

3) Give trucks lots of extra room and drive carefully around them. Commercial trucks have lots of blind spots, affect your visibility of the road ahead, and have large loads which should be secured correctly (but which sometimes aren’t). Your best bet around tractor trailers and semis is to slow down and use additional caution.

4) Watch your speed. Go with the flow of traffic but do not speed. Speeding makes it almost impossible to stop in time if you suddenly notice an obstacle and need to avoid a collision. In the event of an accident, excessive speed is more likely to cause fatalities or serious injuries.

5) Carefully consider the type of car you drive. Pay attention to safety reviews and consumer reviews when buying a car. Look for cars with excellent safety ratings and contact manufacturers to encourage high safety standards. In general, larger vehicles with a 110″ or larger wheelbase are safest, followed by medium-sized cars. SUVs and small trucks are prone to rollovers while very small cars tend to have lower safety ratings.

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Who Can Prevent Florida Trucking Accidents?

Published on: November 15, 2010 | By Flaxman Law Group

Although heavy and medium-sized trucks account for only about 2% of all registered vehicles in this country, they account for 12% of fatal accidents on our highways. The statistics for Florida are also disturbing. Florida has high fatality rates for truck accidents and truck accidents are very common in the state, accounting for many Florida brain injuries, amputations, and other serious injuries as well as for deaths. There are many things that can be done to help reduce these accident rates:

1) Driver attention. Properly maintained trucks, once a day inspections, and well-trained drivers are an important part of preventing truck accidents in Florida. As well, when truck drivers follow at least four seconds behind the vehicle in front of them and ensure their load is correctly balanced and loaded, many Florida car accidents involving trucks can be prevented. Truck drivers who follow the rules of the road are less likely to be in an accident.

2) Less drunk driving. A survey of 900 Florida truck drivers revealed that most drivers believe that one out of five driver colleagues “regularly drive” under the influence of controlled substances such as cocaine, alcohol, speed, and marijuana. Preventing drunk driving accidents involving trucks should be a top priority.

3) Fewer incentives to drive when fatigued. When drivers are paid by the mile or are given bonuses for driving more in less time, there is a financial incentive to speed and to drive when fatigued. Fair, hourly wages and bonuses for safe driving records remove these incentives and instead provide incentives to drive safely.

4) Improve passenger vehicle awareness of truck safety. When motorists driving passenger vehicles drive carefully around trucks, stay out of truck blind spots, and give trucks extra room, they make the roads safer for everyone. Education campaigns to promote safe driving and enforcement of driving rules can help ensure that all motorists drive safely.

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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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Could Texting and Cell Phone Bans Reduce or Increase Florida Truck Accidents?

Published on: November 1, 2010 | By Flaxman Law Group

Florida legislators have tried to pass legislation that would ban cell phone use and texting while driving for years but have been unsuccessful. While supporters of such legislation claim that texting and cell phone bans for drivers would help prevent Florida truck accidents and car accidents, others claim that texting and cell phone bans might actually increase traffic accidents.

While it seems counter-intuitive, given the media coverage about the dangers of texting, some experts note that many commercial truck drivers rely on cell phones to communicate while on the job. If a cell phone ban was in place, drivers would have to pull over frequently in order to contact their dispatcher or company, and these sudden stops could actually increase the number of Florida truck accidents. As well, if hand-held devices were banned, truckers and motorists would still likely be able to use hands-free phones, and there is no confirmation that such devices are not just as dangerous as regular mobile devices.
As well, opponents of texting bans point out that texting and cell phones are not the only distractions causing Florida truck accidents. In fact, many Florida car accidents and truck accidents caused by distracted driving are caused by a myriad of distractions. Drivers put on make up, change music, adjust GPS devices, chat with passengers, shave, change clothes, drink, sip coffee, and do many other things while driving. All of these behaviors are a distraction and are potentially risky. However, it is impossible to create individual legislation banning each of these possible distracting behaviors in cars or trucks. It’s just not feasible. Therefore, a texting ban alone might not help prevent Florida truck accidents and traffic accidents caused by distracted drivers, simply because many other types of distracted driving would remain.

Many opponents of the texting ban also note that enforcing the ban would be almost impossible and would stretch law enforcement resources even further. If a ban were in place, some experts predict, some drivers would simply keep their mobile devices in their lap while texting, making it hard for law enforcement to see who was breaking the law. In addition, keeping mobile devices on laps while texting might result in even more Florida truck accidents and car accidents, according to experts, as it would cause drivers to see the road even less.

Advocates of texting bans note that many Florida bus accidents, train accidents, car accidents, and truck accidents have been linked to cell phone use and texting specifically and that even if the legislation saved only some lives or prevented some injuries the law would be worth passing. Opponents note that every new technology – even the introduction of the radio in cars – has been greeted with similar concerns about safety until drivers simply got used to the new technology.

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Authorities Ask for Common Sense to Help Prevent Florida Truck Accidents and Car Accidents

Published on: October 29, 2010 | By Flaxman Law Group

While some states have passed laws which ban texting while driving, Florida has no such laws. It is not for lack of trying – in the past few years, Florida’s lawmakers have tried to pass such legislation eight time and have simply not been successful. So far, nineteen other states have laws which restrict or ban cell phone use or texting behind the wheel. There are good reasons for these laws. Numerous research studies have shown that using mobile devices while driving is a major source of distracted driving and accidents. Florida legislators have noted that texting bans might help prevent Florida truck accidents and car accidents caused by distracted driving.

Although Florida so far does not have any texting while driving bans in place, Florida law enforcement authorities can issue tickets and citations to texting drivers if the drivers engage in risky behaviors as a result of texting. For example, if a driver is driving recklessly because he or she is texting, the driver can be cited for reckless driving. Distracted Florida drivers often run stop signs or lights or make other mistakes because they are texting rather than focusing on the road. Obviously, such infractions will result in tickets, so texting while driving can still result in tickets in Florida.

According to the Highway Patrol, Florida drivers engage in other distracting behaviors while driving – which can just as easily lead to a Florida car accident or truck accident. Eating, adjusting the radio, shaving, applying makeup, drinking, adjusting the GPS, and chatting with passengers are all distracting behaviors which can lead to Florida truck accidents and traffic accidents.

Police authorities and law enforcement in Florida are warning drivers not to text and drive, even though there is currently no legislation specifically prohibiting the behavior. Many law enforcement agencies point out that driving is dangerous, even though it may feel familiar and safe. All motorists need to use common sense and put their full attention on the road to prevent Florida truck accidents and car accidents, warn law enforcement agencies.

Authorities note that legislators cannot pass laws prohibiting every specific sort of distracting behavior which can be dangerous on the road, so it is up to drivers to exercise common sense in order to help prevent Florida truck accidents and car accidents. If motorists need to talk on cell phones while driving, law enforcement authorities note, it is best to use a hands-free cell phone model which allows motorists to keep both hands on the wheel and their eyes on the road.

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Health Conditions Can Mean Florida Truck Accident Risks

Published on: October 27, 2010 | By Flaxman Law Group

Much has been written about truck drivers and motorists who cause Florida car accidents and truck accidents due to the choices they make. For example, Florida drunk driving accidents are so difficult to cope with because they are so preventable – one person’s decision to drive under the influence leads to this type of accident, which can affect many lives. However, in some cases, Florida truck accidents and car accidents are caused by medical conditions. A motorists or truck driver may unknowingly have a condition which causes severe symptoms which can affect driving ability. Common conditions which can lead to Florida car accidents and truck accidents include:

1) Strokes. Strokes can occur at any time, but when they occur behind the wheel of a car or truck, they can result in a serious in a serious truck accident. A patient who has had a stroke usually suffers from problems with mobility and memory, which can also severely impair driving ability. Visiting a doctor often and looking for risk factors – such as high blood pressure – can help prevent strokes.

2) Cardiac illness. Cardiac illness can include everything from irregular heart beats to genetic defects to heart attacks and heart failure. When a cardiac event occurs on the road, an accident is almost guaranteed as the victim quickly loses consciousness. Patients with heart problems need to be evaluated by a physician to determine their fitness to drive.

3) Diabetes. Type 2 diabetes can strike at any time, especially in patients who are obese. Diabetes and problems with blood sugar can cause many serious and dangerous symptoms, including dizziness, weakness, and loss of consciousness. Drivers who have diabetes must carefully manage their conditions to avoid accidents and patients who are at risk of diabetes need to be tested frequently to ensure that they do not develop the disease without realizing it.

4) Sleep disorders. Sleep disorders such as sleep apnea are responsible for many Florida truck accidents and car accidents. When drivers have sleep disorders they are often unaware of the problem. They may feel more tired than usual, but they often do not see this as a symptom. Unfortunately, sleep disorders ensure inadequate sleep, which means that drivers with these conditions are more likely to fall asleep at the wheel and cause a Florida truck accident or car accident. Any sudden fatigue should be investigated promptly by a physician to rule out an illness.

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Could Tax Laws Change the Number of Florida Truck Accidents?

Published on: October 22, 2010 | By Flaxman Law Group

According to a study completed by the University of Florida, deaths from car accidents, truck accidents, and other traffic accidents decrease an average of 11% in areas where alcohol taxes are introduced. The overall death rate decreases by 35%, while violence decreased by 2% and crime reduces by 1.4% after the introduction of such taxes. The results of the study, published in the American Journal of Public Health, have stirred debate about the role of alcohol in traffic deaths.

According to Alexander Wagenaar and his colleagues at the University of Florida, who authored the study, there is a direct correlation between the cost of alcohol and the rate of drinking. When alcohol prices increased by 10%, drinking rates decrease approximately 5%. According to the Florida study, the higher the taxes on alcohol, the lower the rates of injury, death, drug use, risky sexual behavior, drunk driving, traffic accidents, violence, and crime. In fact, only suicide rates seemed unaffected when it came to fatalities potentially affected by alcohol.

According to the study’s authors, about 85,000 fatalities in the US each year are alcohol-related. While Florida drunk driving accidents are an obvious problem, the new study seems to suggest that simply increasing the price of alcohol can have a significant impact on traffic accident rates. Taxation can also be a more cost-effective solution than awareness campaigns. Taxes on alcohol can help communities raise money, while ad campaigns often require money. As well, alcohol taxes do seem to have a significant and measurable impact on reduced traffic fatalities.

Although the study focused on preventing traffic deaths, it stands to reason that an increase in Florida alcohol taxes can also help reduce Florida personal injury rates stemming from Florida pedestrian accidents, truck accidents, and other traffic accidents. While many truck accidents result in fatalities, many also result in long-term or permanent injuries, such as spinal cord injuries, brain trauma, burn injuries, amputations, and other injuries. These injuries are devastating and can result in a devastated life. Reducing the number of Florida drunk driving accidents can help reduce these injuries as well.

Of course, companies selling alcohol products note that alcohol taxes hurt business. As well, many consumers oppose the idea of alcohol taxes, arguing that people who drink responsibly are forced to pay more because of a few people who do drink and drive. It’s a difficult debate. On the one hand, increasing prices can help prevent accidents. On the other hand, it can also hurt business and cost customers who do drink responsibly.

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Everyone Has a Role to Play in Preventing Florida Truck Accidents

Published on: September 27, 2010 | By Flaxman Law Group

There are many people who can help prevent car accidents:

1) Legislators. Lawmakers can and do pass laws which can help prevent Florida truck accidents. Legislators, for example, can pass laws regulating the trucking industry or pass laws regarding the rules of the road.

2) Advocacy groups and the press. Advocacy groups and the press play an important role in preventing Florida car accidents and truck accidents because they raise awareness about traffic accidents and the issued which cause them. For example, in recent years, the media as well as advocacy groups have raised the alarm about distracted driving and in some cases have been successful in convincing the public about the dangers on the roads.

3) Citizens. Citizens form an important link between advocacy groups, the media, and legislators. Citizens, responding to media reports and their own experiences, often lobby legislators and local representatives in order to change laws. By discussing events related to road safety and trucking accidents, citizens can also help spread a message about safety.

4) Trucking companies and the trucking industry. Trucking companies play a pivotal role in preventing Florida trucking accidents. Trucking companies can decide to put profits first or can make a commitment to safety. They can decide to carefully select and train safe truckers and can create conditions which encourage truck drivers to make good decisions about safety.

5) Truck drivers. When truck drivers get behind the wheel of a large truck, they decide on a moment-to-moment basis how safe they will be. Truck drivers decide whether to speed, whether to text and drive, and whether to keep their full focus on the roads.

6) Motorists and others who share the road with truck drivers. Motorists, too, have a responsibility for staying safe on the roads. Good motorists stay out of truck blind spots and avoid cutting trucks off.

7) Law enforcement. Law enforcement ensures that the laws passed by legislators are adhered to – both by truck drivers and motorists.

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