Item: Flaxman Law Group
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Author: Clara Barman

The Importance of Proper Maintenance in Preventing Miami Truck Accidents

Published on: July 10, 2012 | By Flaxman Law Group

Proper maintenance is essential in preventing Miami truck accidents. Although technology now means that some truck parts can outlast trucks, there is still a need for maintenance to prevent Miami traffic accidents. Maintenance helps carriers and truck drivers notice problems – such as brake issues or tire problems – and fix them before they have a chance to cause a Miami car accident or traffic accident. Frequent maintenance also ensures that trucks are working at their best and respond correctly if a truck driver needs to move suddenly to avoid a collision.

Good truck maintenance includes careful attention to the axles and suspension system of a truck. Both are essential for truck safety and both can fail. Axles need to be checked regularly for lubricant and leaks. Suspensions are susceptible to stress cracks and corrosion. They need to be checked and tuned up regularly, especially the steel-spring types of suspensions on most trucks. In addition to the suspension system and the axles, a proper maintenance inspections takes a look at all major systems of a truck, including tires, steering, braking, and other systems.

The Federal Motor Carrier Safety Administration (FMCSA) requires truck carriers to conduct regular inspections, which include inspections of the steering mechanisms, axles, wheels, frame, and other systems in every truck. The FMSCA also requires push-out windows, bus emergency doors and other systems to be checked at least every three months. Carriers are responsible for maintaining inspection records and repair records for all their trucks for at least 18 months after the trucks are no longer part of the company’s fleet. In addition, the FMSCA requires commercial truck drivers to carry out regular visual inspections of their trucks.

If inspections reveal a problem, carriers are responsible for ensuring that the problem is fixed before the truck is placed back on the road. Truck carriers are expected to keep records of the inspections and any repairs to prove that the proper work has been completed. This system can actually serve truck carriers. After all, maintenance and repairs are far less costly than an accident and subsequent legal claim by injured parties. Properly maintained and repaired trucks can also work more efficiently, use less gas, and last longer than incorrectly maintained trucks, which can help save companies money.

Of course, even with proper maintenance, there can be an increased risk of Miami car accidents involving trucks in cases where specific truck systems are defective. In these cases, if a defect causes a Miami truck accident and the accident causes injuries, the injured parties may be able to launch a Miami products liability case against the manufacturers of the defective truck part. In these cases, there are often multiple parties, which can help injury victims get fairer compensation to help pay for lost income, medical bills, and other expenses.

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Early July Storms Highlight the Dangers of Miami Truck Accidents

Published on: July 5, 2012 | By Flaxman Law Group

Summer storms in the Mid-Atlantic region have caused power outages and Florida Power and Light workers as well as workers from other states have been sent to the area to help restore power. The massive amounts of crews and trucks sent to the area, as well as the damage caused by the storms, however, do increase the risk of truck accidents for utility workers. In fact, Florida resident and utility worker Jacqueline Green was killed earlier in the week as part of her job. Summer storms are a reality for the Florida region, but they can lead to an increase in Miami truck accidents in a number of ways:

1) Downed power lines, debris, and fallen trees can create obstacles that can lead to Miami car accidents and truck accidents. Storms create a lot of damage and this can lead to poor road conditions as well as unexpected obstacles. If possible, stay off the roads during a storm, as poor visibility as well as blowing debris can easily result in a Miami traffic accident. If you need to venture out after a storm, make sure that you stay extra alert for possible obstacles on the road. If you see power lines or trees down, wait until you are pulled over or back home before reporting them.

2) Power outages can lead to malfunctioning traffic signs and lights. This can cause traffic congestion as well as accidents if drivers do not treat an intersection with downed traffic lights as a four-way stop. If traffic signs and lights are not working correctly after a storm, make sure that you yield right of way.

3) Serious storms can lead to more utility trucks on the roads – especially utility trucks from other areas. This can mean more traffic on the road but also more truck drivers who may not be familiar with the area. This can easily lead to Miami car accidents involving these trucks. It is especially a problem since utility workers may need to make frequent stops or may need to park in the middle of the street in order to fix power lines and other utilities. After a serious storm, stay alert for extra truck traffic and give utility trucks extra room to work to restore power.

4) Serious storms can lead to utility work on the roads, resulting in road closures and detours. Utility workers often work around the clock after a storm and are under pressure to get services up and running again. This puts utility workers at risk, especially if they need to work on a busy road. Of you see utility workers trying to restore power or working on lines, slow down, give them extra room and follow any signs you see. Utility workers are at risk of Miami pedestrian accidents on the job, and using extra caution can help keep these workers safe as they restore essential services to the city.

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Are We Doing Too Little to Prevent Hollywood Motorcycle Accidents Involving Trucks?

Published on: July 3, 2012 | By Flaxman Law Group

According to a recent report published by the Governors Highway Safety Association (GHSA), the number of motorcyclist fatalities nationwide remained stagnant between 2010 and 2011. Both years, there were 4500 motorcycle accident fatalities across the country, something that experts claim shows that too little is being done to help prevent these types of accidents. However, there are many things that can be done to help prevent these serious types of traffic casualties:

1) Get stricter about distracted driving. Florida is one of only a few states with no laws against texting and driving or mobile use and driving. Distracted driving of any type has been shown in studies to lead to serious traffic accidents, and the use of texting and mobile devices by drivers is significant. Getting serious about getting rid of distracted driving is important in ensuring that drivers focus on the road.

2) Improve awareness campaigns to help motorists share the road safely with motorcyclists. Motorists need to understand that they need to always give motorcyclists the full lane and never share a lane with motorcyclists. Motorists also need to be made aware about the importance of checking blind spots and mirrors to help prevent Hollywood bicycle accidents and motorcycle accidents. Since motorcycles can stop more quickly than many passenger vehicles, it is important to also alert motorists of the importance of leaving more space when following a motorcyclist.

3) Get tougher about motorcycle accident injuries. In many cases, drivers who cause a serious motorcycle accident are not held accountable. As with Hollywood bicycle accidents, with Hollywood motorcycle accidents, the blame is often placed on the motorcyclist. In many cases, victims need to work with a Hollywood personal injury attorney in order to get answers about what has caused an accident and in order to get the compensation they are entitled to under the law.

4) Write to your elected representative to get traffic safety laws passed to improve safety laws. Better laws can help reduce the risk of Hollywood car accidents and traffic accidents and can ensure that victims of these accidents get the compensation they deserve. If you have an idea about ways to improve the laws, write to your elected representative with your suggestions. Support laws that protect victims and reduce the risk of accidents.

5) Alert your community about any poor road conditions. Slippery surfaces and potholes are far more dangerous for motorcyclists than for most motorists. Keeping roads in good repair can help prevent many types of Hollywood traffic accidents – not just motorcycle collisions.

6) Seek legal help if you have been injured in a Hollywood motorcycle accident or traffic accident. Unfortunately, in some cases liable parties causing accidents only make safety changes if there is legal pressure and a financial reason to do so. Many positive safety changes have occurred because victims have pursued legal action and have held those liable accountable for negligence.

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Light Truck Accidents in Miami

Published on: June 1, 2012 | By Flaxman Law Group

Light trucks are often advertised as safe and rugged vehicle options. Many people in Miami like the idea of light trucks, since they can carry quite a bit and some drivers believe that they are safer than smaller passenger vehicles. However, the popularity of light trucks can mean Miami car accidents, since these vehicles have a number of safety hazards associated with them:

1) Many drivers are not trained to drive larger trucks. Most drivers learn to drive in passenger vehicles such as sedans and few drivers take formal driver training in light trucks. While light trucks, such as pickup trucks, are designed to handle similarly to passenger vehicles, the two types of vehicles are not the same. A driver not used to a light truck may be more at risk of a Miami truck accident simply because the vehicles are significantly different and in many cases drivers are not trained for this.

2) Many light trucks have multiple blind spots. Pickup trucks have more blind spots than passenger vehicles and in many cases carrying a larger load in the bed can also obscure visibility further. It becomes more important for the drivers of these vehicles to check blind spots regularly.

3) Light trucks are generally not designed to decelerate or brake rapidly. In other words, these vehicles handle differently than passenger vehicles but many drivers drive them in the same manner, without leaving extra room for stopping. Drivers in other vehicles may also not consider that light trucks and pickup trucks require more room to stop.

4) Light trucks may be designed to carry heavy loads, but drivers may not understand how to secure those loads correctly. Although this information is often contained in driver manuals, not all drivers carefully follow and read the instructions. This can cause drivers to overload their trucks, putting them at risk for tire blowouts. It can also mean that drivers may not correctly secure the cargo in their truck, which can cause a Miami car accident if the cargo spills on the road when the driver is driving.

5) Light trucks may be subject to Miami rollover accidents. Trucks have a higher center of gravity than passenger vehicles. This can make them more subject to rollovers, especially on uneven terrain and at high speeds.

Light truck manufacturers do make concerted efforts to make their vehicles safer. Today’s pickup trucks are designed to handle better and have more safety features than previous models. Nevertheless, there are some issues related to light trucks that drivers need to be aware of.

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Speed Limiters And Their Effect on Miami Truck Accidents

Published on: May 29, 2012 | By Flaxman Law Group

According to a study by the Federal Motor Carrier Safety Administration (FMCSA) Office of Analysis, Research and Technology, trucks equipped with speed limiters have a lower rate of accidents. According to the organization, commercial trucks equipped with the devices have a 50% lower crash rate when compared with commercial trucks not equipped with speed limiters.

Speed limiters are devices which electronically keep tabs on a truck’s speed and keep trucks form exceeding specific speeds. Also known as intelligent speed adaptation devices, speed limiters have been touted by some experts as an effective way of preventing accidents. Experts in Florida, for example, can use the devices to ensure that Miami traffic accidents are not caused by excessive speeds. This is significant because when high speed is a factor in a Miami car accident involving a large truck, the force of the accident is very likely to cause fatalities and serious injuries. Preventing trucks from speeding is also important in preventing Miami truck accidents in the first place. In many cases, truck accidents occur when drivers speed and lose control of their vehicle or travel too quickly to react in a timely manner to hazards and obstacles.

According to the FMSCA report, the crashes that would be potentially affected by speed limiters depend on the type of crash, the weather, accident location, and the collision narrative. In commercial truck accidents where speed limiters are relevant, the study found that trucks without intelligent speed adaptation devices had a crash rate of five accidents per 100 trucks each year. Those with the devices, in comparison, had only 1.4 accidents per 100 trucks annually. The report shows that for all truck collisions – not just for those where speed limiters are relevant – commercial trucks without intelligent speed adaptation devices had 16.4 collisions per 100 trucks each year while trucks equipped with the devices had a crash rate of 11 accidents per 100 trucks annually.

Partly as a result of the report, some experts would like to see legislation passed at the federal level to require that all commercial trucks be equipped with the devices. Currently, between 60 and 80 percent of trucks in the industry have the devices installed already. According to experts, ensuring that all trucks have the devices is significant because in 2011 the FMSCA released research showing that speeding was a key factor in commercial vehicle collisions. As a result, many feel that having the devices in all commercial trucks could impact the national rate of truck accidents.

While it is hoped that the devices would reduce the number of Miami truck accidents, however, the devices alone cannot prevent all accidents. Since the devices would only potentially be installed on commercial trucks, they would not prevent passenger vehicle from speeding and causing Miami traffic accidents. As well, the devices would not address other issues causing truck accidents. They would not address driver fatigue and distracted driving, for example, as well as other common causes of Miami truck accidents.

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Miami Truck Accidents and Truck Problems Do Not Come with Easy Solutions

Published on: April 5, 2012 | By Flaxman Law Group

Miami, as a port city, relies heavily on truck traffic to move freights from boats to destinations across the US. Drayage trucks are heavy-duty trucks that move shipping containers from the port to other destinations, where cargo can be redistributed into shipping trucks. Eventually, deliveries to smaller businesses are made with delivery trucks. Trucks are an essential part of the Miami economy, but they also cause:

1) Truck-related damage. Air contamination and wear on roads are just two problems that trucks cause. Although trucks are outnumbered by passenger cars on city streets, they do cause the majority of traffic-related road damage and quite a bit of air pollution. The road damage is an especial concern, as it can lead to Miami traffic accidents.

2) Traffic congestion. Delivery trucks stop and start frequently and in many cases, especially in the downtown area, there may not be adequate space for parking. Trucks may temporarily block lanes of traffic when making deliveries and when other vehicles try to creep around the trucks, Miami car accidents are a common result. Trucks are only part of the equation – heavy car traffic as well as lack of parking areas for larger commercial trucks are also to blame in many cases – but the fact that commercial trucks and passenger vehicles have to share the road often contributes to the problem.

3) Visibility issues. Trucks block visibility of drivers of smaller cars, potentially increasing the risk of Miami car accidents. Large commercial trucks also have many blind spots, which can mean Miami pedestrian accidents and truck accidents in some cases.

4) Miami truck accidents. Of course, one of the major problems associated with commercial trucks is the risk of truck accidents. Since commercial trucks are so large, the effects of these accidents is often devastating. Fatalities are common and when a commercial truck is carrying a flammable or toxic substance, fires, explosions, and toxic spills are also a very real danger.

Trucks, despite the problems they may cause, are an essential part of the Miami economy. We rely on trucks every day to remove waste and to deliver every item we buy to our favorite stores. Simply getting rid of trucks is not a solution, but even experts have trouble deciding what the best solution for truck-related issues might be. New York Mayor Bloomberg has proposed charging an extra fee for trucks entering New York City, but many are reluctant to institute a similar proposal in Miami, noting that trucks should not be automatically punished for creating jobs and boosting the economy. While more parking and delivery areas would help, there is often little or no room in parts of Miami to create additional parking or delivery areas. While new initiatives are always being developed to help prevent Miami traffic accidents involving trucks, there are no all-encompassing answers.

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Miami Truck Injuries Involving Ice Cream Trucks are a Concern in Summer Months

Published on: April 3, 2012 | By Flaxman Law Group

According to a 1998 study published by researchers S.J. Mubarak, C. Lavernia, and P.D. Silva, ice cream trucks pose a possible danger because they attract children and block the vision of oncoming vehicles. The researchers examined ice cream truck accidents between 1985 and 1995 and concluded that all the victims were children, predominantly girls. The most common injuries in these types of accidents were lower-extremity and pelvic injuries.

Although Miami truck accidents involving ice cream trucks are not as common as are Miami traffic accidents involving large commercial trucks, ice cream truck accidents do occur. What is most troubling is that these preventable injuries almost always harm children. According to experts, there are several things that can be done:

1) New laws. Most ice cream truck accidents are in fact Miami pedestrian accidents. When children see a truck, they dash towards the treats, sometimes oblivious to traffic around them. Ice cream trucks also sometimes make frequent stops and starts, potentially leading to accidents. Once stopped, ice cream trucks block traffic and cars behind the truck may pull out, not realizing that there are children clustered around the truck. Some experts have called for ordinances that would ban cars from passing stopped ice cream trucks that are serving customers. Others would like to see ice cream trucks banned or would like them to be parked in low-traffic areas only, where the risk of accidents is minimal.

2) Careful child supervision. If you are a parent and your child sees an ice cream truck, ensure that your child stays with you and walk to the truck together so that you can keep an eye out for traffic.

3) Set down ground rules for your children when it comes to pedestrian safety. Teach your children pedestrian safety rules and make sure that younger children are not allowed to approach ice cream trucks unless they have an older sibling or adult with them to help them cross the street. Teach children to look both ways to cross the street and teach them about staying alert when they walk across a street. Pedestrian safety can help prevent many Miami pedestrian accidents – not just those that occur near ice cream trucks.

4) Consider alternatives to ice cream trucks. If your children are young and are attracted to ice cream trucks, consider stopping by the trucks as a family or keep ice cream at home. Do not allow young children to run up to trucks by themselves.

5) Drive carefully when you see an ice cream truck. One simple way to prevent these tragedies is for every driver to exercise extra caution when nearing an ice cream truck. When you notice an ice cream truck, be prepared for extra pedestrian traffic and be extra vigilant about any children who may go running towards the truck. Never try to pass a stopped truck unless you can see clearly that there are no pedestrians in front of the truck or just to the side of the truck.

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Should Car and Truck Manufacturers Be Responsible for Preventing Pompano Beach Truck Accidents Caused by Distracted Driving?

Published on: March 3, 2012 | By Flaxman Law Group

Today, most people agree that distracted driving is one of the main causes of Pompano Beach traffic accidents, including truck accidents. Each day, it seems, there is another item in the news about a Pompano Beach truck accident or Florida car accident caused by a distracted driver. While awareness about the problem is growing, however, many people continue to drive distracted.

One problem, according to experts, is that driving distracted is easier today than ever before. Mobile devices are ubiquitous and many cars are made with a great deal of distracting technology, including LCDs, DVD players, audio systems, voice-controlled applications, and other devices that capture drivers’ attention. Truck drivers may also need to deal with a dispatch radio or other communication devices on the job.

The U.S. Department of Transportation (DOT) believes that vehicle manufacturers should be more responsible for the possibly-distracting technology sold in cars and trucks today. DOT head Ray LaHood recently revealed new guidelines for vehicle manufacturers. The proposed guidelines would limit the technology in cars that is distracting or not related to safety features.

DOT would like to see technology features that do not require drivers to remove their eyes from the road for more than two seconds and would like to see no new technology that would require drivers to remove both hands from the wheel. The agency would also like to see more involved technology disabled when vehicles are not in park. This means that features such as phone dialing, setting up navigation systems, internet browsing, and text messaging could only be done when the car was not in motion.

Experts predict that in the future DOT may also target makers of tablet computers, smartphones, GPS units, and other devices used in cars, to make these devices safer on the road. The final guidelines of the current proposed items have not been finalized and the guidelines are not directives. This has some experts wondering how effective the guidelines might be.

The DOT announcement also raises another question: who is liable when a distracted driver causes a Pompano Beach car accident or truck accident? Is it purely the driver’s fault? Can manufacturers of GPS devices and car makers be held responsible for creating and marketing technology that distracts drivers? The DOT decisions certainly suggests that the agency feels that vehicle makers have a role to play in preventing distracted driving.

In many ways, the debate about distracted driving always comes down to a debate about personal choice. Florida is one of only a handful of states to not have a ban on texting, in part because some legislators feel that banning distracted driving is too much of an intrusion into people’s lives. Many also feel that banning texting and driving would not prevent other forms of distracted driving, which can be just as deadly.

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Florida Highway Patrol Announcement Aims to Curb Miami Truck Accidents

Published on: February 18, 2012 | By Flaxman Law Group

The Florida Highway Patrol (FHP) has announced a new initiative that will take place at the end of February. The Florida Highway Patrol will target aggressive and dangerous drivers between February 27 and February 29, citing drivers who speed, change lanes unsafely, or tailgate. According to the Florida Highway Patrol, this initiative is taking place because the FHP has found that 88% of Florida traffic collisions are caused by driver error or driver negligence while only 12% are caused by roads, weather, or car defects.

Between February 27 and February 29, the FHP will have a zero tolerance policy towards any unsafe driving. In addition, the organization will work closely with the Florida Trucking Association to educate the public about sharing the road. The FHP hopes that the initiative will raise awareness about aggressive driving and hopes that the initiative will reduce Miami car accidents as well as truck accidents and traffic accidents across the state.

There are many reasons why aggressive driving is such a concern that the Florida Highway Patrol is cracking down on it:

1) Aggressive driving can breed road rage and more aggressive driving. When one driver drives aggressively, it can spark many instances of road rage, as other drivers react to the oppression. This can lead to a chain of events leading to a Miami car accident or truck accident.

2) Aggressive driving is distracted driving. Numerous studies have been done showing that distracted driving can be as dangerous as drunk driving. However, while numerous initiatives have helped show motorists how dangerous Miami drunk driving can be, motorists are still learning about the dangers of distracted driving. When a driver is angry and aggressive behind the wheel, he or she is not focused solely on the road, and this can easily lead to a Miami pedestrian accident or car accident.

3) Aggressive driving can increase the risk of Miami traffic accidents. Motorists who are driving aggressively often make mistakes or take chances which can lead to a Miami car accident or truck accident. Studies have shown that many traffic accidents overall are caused by driver error, and drivers are more likely to make errors when they are distracted or driving aggressively.

If you have been injured in a Miami car accident caused by an aggressive a reckless driver, Florida law does protect you. In these cases, you may be able to recover for the cost of your medical expenses, property damage, lost income, and other costs related to the accident. However, it often takes a qualified Miami personal injury attorney in order to negotiate with your insurance carrier and in order to pursue your claim aggressively, ensuring that you don’t have to pay for the cost of someone else’s reckless driving out of your own pocket.

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Early-Morning Miami Gardens Truck Accident

Published on: February 7, 2012 | By Flaxman Law Group

According to news reports, Joe Amunategui was involved in an early-morning Miami Gardens truck accident when an 18-wheeler hit his car on Northwest 27th Avenue. According to Amunategui, the driver of the truck drove over part of his car and spun his vehicle into a wall. The truck driver then kept going and an officer who was at the scene assisted by calling for emergency personnel. The accident is still under investigation.

Unfortunately, the accident is not an isolated one. Many Miami Gardens car accidents and truck accidents are hit and run accidents, with one driver failing to stop at the scene of a crime. There are many reasons why drivers fail to stop at the scene of a Miami Gardens traffic accident, according to experts. Drivers may be under the influence of drugs or may be engaging in some other illegal activity and may be wary of getting caught. They may also not want to face police for other reasons. In some cases, drivers panic and leave the scene of a crime.

Unfortunately, hit and run Miami Gardens traffic accidents are a serious and all-too-common concern. When drivers fail to stop, they break the law. They also make it harder for victims at the scene of get appropriate help. In this case, Amunategui was fortunate that he remained conscious and that a police officer was nearby to help. However, in a serious Miami Gardens pedestrian accident or traffic accident, the victim may be too injured to call for help and there may not be anyone nearby to call for assistance. In these cases, the victim may die from injuries if the other motorist does not stop to offer help. In addition, not stopping to exchange contact information can make it harder for a victim to get compensation for any injuries, since no insurance information is exchanged.

Hit and run truck accidents can be especially difficult to investigate, as well. A truck may be rented by one company to another, and may be carrying cargo for a third party. In many cases, the truck may be from outside of Florida or even out of state. Finding the truck can be extremely challenging, especially if the victim does not get a clear description of the vehicle.

Even if a truck involved in a hit-and-run is found, it can be challenging to establish liability. In hit and run cases, the driver is often held liable. However, a truck company’s policies may contribute to the accident if the company failed to screen or train the driver adequately. The company may therefore be held liable as well. In many cases, it takes a qualified Miami Gardens personal injury attorney to investigate a hit and run accident and to determine liability.

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