Item: Flaxman Law Group
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Author: Clara Barman

How ITS and Technology Could Help prevent Truck Accidents

Published on: July 1, 2014 | By Flaxman Law Group

In the past, roads were basically surfaces for vehicles. Today, however, Intelligent Transportation Systems (ITS) mean that communications technology can be combined with road and vehicle technology so that infrastructure and vehicles can communicate. According to some safety experts, ITS and related technology can be an important step towards reducing truck accidents in Homestead and other communities.

Already, there are ITS and other technology solutions in place that can help prevent accidents. This technology includes:

1) Mobile weigh stations. Overweight trucks in Homestead and other communities are a leading cause of trucking accidents and are also very detrimental to roads. Despite weigh stations and federal weight limits, however, enforcing overloaded trucks has always been difficult. Some companies have developed mobile weigh stations, which allow weigh stations to be moved, making it harder for commercial trucks to avoid weigh stations.

2) Interactive roads. Most roads are static, but some companies have developed roads that can actually change line markings with the press of a button, can automatically melt ice and snow, and can even warn cars and trucks about upcoming road hazards (such as debris or wildlife in a lane).

3) Weigh station pre-screening. Some companies produce scales that allow trucks to be weighed before they even get to weigh stations. The way these scales work is that they are embedded into the road surface. As a truck rolls over the pavement, the truck’s registration information and weight are recorded – all without the truck having to stop. If the truck is found to be overweight, it can be directed to the nearest weigh station for more evaluation. Not only does this technology promise to find more overloaded trucks, but it can also improve traffic flow by ensuring that only trucks that may exceed weight limits need to stop at weigh stations.

4) Rollover prevention strategies. The same technology that is used in weigh station pre-screening scales can also be used to prevent rollover accidents. Some steep inclines and high-collision ramps across the country already use this technology. Basically, the same under-pavement scales used in weigh scale prescreening can be installed before a steep incline or other high-risk area. The system can automatically note the type and weight of the vehicle approaching the area and flash a message on a road sign about the safest speed limit for the truck. This can help prevent rollovers in Homestead and other communities by ensuring that drivers slow down to a safer speed.

5) Fleet and driver management. Technology is also being used to monitor drivers and fleets more effectively. This can give motor carriers the tools needed to note whether specific drivers or trucks have a higher instance of collisions or whether a driver is speeding or taking other risks on the road.

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Fuel Truck Accidents Can Cause Fires and Devastating Damage in Miami and Other Cities

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

Big rigs and tractor trailers are used to transport a variety of products across the state and across the country each day, but some trucks carry hazardous materials. One type of cargo that can be especially deadly is fuel. Fuel tankers are involved in devastating trucking accidents in Miami and other cities each year. These types of accidents have a high rate of fatalities and cause environmental devastation as well.

There are many things that can make fuel tank traffic accidents in Miami and other cities so deadly:

1) Fuel tanks carry hazardous material in a less stable format. Fuel and natural gas are already flammable and hazardous but any hazardous material in liquid form can be even more deadly as it can slosh around inside a tanker and can be harder to stabilize, creating a larger risk of rollovers and accidents.

2) Fuel tank collisions are likely to lead to fires and explosions. Since the cargo is so unstable in a motor vehicle crash in Miami or another city, a fuel tank can catch fire or even explode. In this situation, the fuel inside the tank can feed the flames, causing an inferno that is strong enough to melt the road and cause severe damage to the traffic around the trucks and traffic.

3) Fuel tank crashes can be a challenge for emergency response teams. Due to the fire and explosions these collisions can cause, fire fighters and other emergency responders can have a hard time getting close to the source of the blaze. This can mean that it takes some time to put the fire out, leading to more serious fire damage. Since emergency responders may not be able to get too close, they may also have a hard time offering life-saving treatment to those who were at the center of the accident and blaze.

4) Fuel tank accidents can result in environmental and secondary damage. When emergency responders are sent to a fuel tanker accident, they often send HAZMAT teams. The bystanders, homeowners, and motorists who are near the crash, though, do not have the layers of protection that HAZMAT suits and equipment offer. These bystanders may be exposed to smoke, hazardous materials, and toxins. Although authorities may try to clean up spilled fuel and may try to absorb some of the fuel spilled on the road, some of the toxins may seep into water sources or may continue to be present in the area for some time, possibly leading to health concerns for local residents as well as risks of secondary road accidents.

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Cargo Problems and Trucking Collisions: What’s the Connection?

Published on: May 20, 2014 | By Flaxman Law Group

If you’ve seen debris on the roads in Hollywood or your city, you already know that cargo problems can translate to big problems on the roads. The reality is that 18-wheelers and other commercial trucks carry huge amounts of cargo across state lines, across the city, and across the country each day. Businesses and customers rely on big rigs and other trucks to keep the economy going and to deliver everything from food products to industrial chemicals. Unfortunately, in some cases cargo problems can lead to truck accidents in Hollywood and other cities. The biggest problems with cargo tend to be:

1) Overweight cargo. Overloaded and overweight trucks in Hollywood and other communities are a big risk on the roads. In fact, there are federal guidelines that strictly limit how much cargo commercial trucks can carry. Weight scales along highways are meant to make sure that truckers and truck carriers abide by these rules, but in some cases truckers and companies break these rules in order to save money by having to make fewer trips. Overweight cargo can cause drivers to lose control of their tractor trailers and can lead to rollovers and other serious accidents. Heavy cargo can place additional pressure on brake systems and tires, leading to tire blowouts and brake failure in Hollywood and other communities. In addition, overweight cargo can cause damage to roads and bridges, eventually contributing to car and motorcycle crashes caused by poor road conditions.

2) Incorrectly secured cargo. Truck drivers are responsible for ensuring that their cargo is correctly loaded and secured. This can mean using ropes or tarps to keep the cargo in place and to prevent it from shifting. Incorrectly secured cargo can shift during transport, increasing the risk of rollovers and other crashes.

3) Secondary accidents caused by cargo. When cargo is not correctly secured, it can spill out onto streets and highways, causing secondary car accidents. Some cargo can become flammable or dangerous when spilled, posing a danger for pedestrians and anyone in an area.

4) Hazardous cargo. When trucks transport bio-hazardous materials, toxic chemicals, or flammable products, they need to abide by certain additional rules for keeping this cargo safe. Some cargo is simply more dangerous because it poses a risk of explosion, fires, or toxic exposure. When a truck carrying this type of cargo is involved in an accident, it can lead to environmental disaster or it can mean that an entire area of a highway or city needs to be evacuated because of the danger of fire or toxic exposure.

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Truck Crashes May Have a Higher Risk of Hazardous Material Spills

Published on: April 22, 2014 | By Flaxman Law Group

According to a recent study out of Pennsylvania’s Department of Public Safety, accidents involving hazardous cargo are more likely to be trucking accidents rather than train accidents. In that state, there have been 88 railroad collisions and accidents since 2001, and none have involved dangerous cargo. In the past ten years, however, there have been 271 trucking accidents involving dangerous cargo.

If we consider that Florida may have similar numbers, it could suggest that you are more likely to be affected by a dangerous cargo trucking accident in Miami or another community when compared to your risk of a train accident.

In Florida, as in other states, trucks and trains are used to transport a variety of dangerous goods, including:

•Gas
•Oil
•Chlorine
•Petroleum-based products
•Toluene
•Anhydrous ammonia
•Hazardous chemicals
•Sulfuric acid
•Flammable liquids
In the event of a trucking accident, these substances can spill, causing wide-spread environmental disaster, evacuation of an entire area, and fires or explosions. Of course, trucks carrying dangerous cargo are expected to be properly labeled and truck drivers as well as trucking companies transporting dangerous goods are required to take additional precautions when transporting cargo that has the potential for fires, toxic fumes, and other dangers.

Despite these precautions, however, trucking disasters that lead to dangerous spills and explosions are still more common than train disasters involving hazardous cargo. Part of the reason, according to the American Association of Railroads, is that trains carrying hazardous cargo can be sent along more secure and safer rail lines. In contrast, trucks carrying hazardous cargo share the same road as passenger cars. In the event of a collision or spill, these trucks are in immediate vicinity of homes, businesses, pedestrians, and other drivers. If an explosion or dangerous spill happens, hundreds or thousands of people can be affected.

According to national statistics, the country sees over 2.2 billion tons of dangerous materials shipped each year. The volume of cargo shipped by train has doubled since 1980, but the number of train accidents involving dangerous cargo has dropped 90% since 2001.

You don’t even have to be in a trucking accident or train accident in Miami or another community in order to be affected by dangerous cargo. You could be affected simply by being in the area when a spill, explosion, or accident occurs. You could be evaluated from your home or your health may be compromised by exposure to toxic materials.

Treatment for exposure to dangerous chemicals can be very expensive. It is very important for this reason to ensure that you get legal advice about how much your case may be worth and advice about all your options for compensation. Pursuing fair compensation now is important to ensure that you don’t face eviction, bankruptcy, and other financial losses down the road if your claim is undervalued. Knowing how much your case may be worth puts you in a position to negotiate with your insurance carrier and allows you to evaluate insurance offers with a fresh eye. If you have been affected by dangerous cargo, contact a personal injury attorney in Miami or your community right away to find out how to protect yourself financially.

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Toxic Exposure After Trucking Accidents in Hollywood and Other Cities

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

Trucking accidents in Hollywood and other cities can cause serious injuries by the impact alone. The size and force of a big rig or tractor trailer crashing into a passenger vehicle can cause an impact that causes injuries such as head trauma, fractures, paralysis, and other injuries.

However, victims in trucking and car collisions in Hollywood and other cities don’t just have to worry about the impact themselves. If a truck is carrying hazardous materials, the impact can cause a dangerous spill that results in toxic materials exposure for other drivers, the truck driver, and bystanders in the area. In some cases, spills of dangerous chemicals from a trucking accident can cause an environmental disaster, requiring evacuation of an entire area.

Trucks are used to transport dangerous materials, chemicals and even biohazards substances from factories, hospitals, and other destinations. In the event of a crash, these substances can cause:

•Spills
•Toxic fumes and vapors
•Fires and burns
•Explosions
•Property damage
•Environmental hazards
In the event of a trucking accidents involving dangerous cargo, seconds matter. The initial impact can cause not only injuries but also a spill or explosion that can expose hundreds or even thousands of nearby residents to danger. In these cases, it is vital for emergency responders to know the nature of the spill or dangerous cargo so that they can respond promptly to evacuate the area, deal with the subsequent fire, or otherwise act to keep everyone safe.

Sometimes, cargo issues can contribute to the dangers involved in these types of crashes. In many cases, for example, it is important for the cargo to be properly labeled. When it is not, emergency responders may not know what steps to take after a collision to keep everyone safe. In addition to proper labeling, it is important for hazardous cargo to be loaded correctly. Overweight and overloaded trucks in Hollywood and other communities are always dangerous, but never more so than when the trucks are carrying dangerous substances. Overweight trucks and incorrectly loaded tractor trailers are prone to rollovers, braking failure, and other types of collisions. With toxic or flammable materials onboard, these collisions can turn even more deadly.

Even if you have not been directly impacted by a trucking accident, dangerous cargo may force you to close your business and lose income. In some cases, it can cause you respiratory issues or other health problems. If you have been affected by dangerous cargo, even if you were not directly involved in a traffic accident, you may have a legal claim.

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How Cargo Theft Can Cause Injuries for Truckers in Miami and Other Cities

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

According to Florida Highway Patrol, cargo theft is a major concern across the state. While it does not get as much attention as trucking accidents in Miami and other cities, it is a huge problem for the industry and for truck drivers. Not only does it cause financial losses, but in some cases it can leave truckers with work injuries in Miami or other cities if they detect a theft or interrupt a crime taking place.

Virtually any product is a target for cargo thieves because virtually anything transported by truck can be sold for profit. Thieves steal full tractor trailers, take the merchandise, and leave the empty trucks in South Florida. In 2012 alone, about 130 cargo thefts were reported in the state, making Florida the second state in the country for the number of these thefts.

Thieves operate in rings or individually. The risk of getting caught is relatively low and the rewards are high if the products can be sold on the black market or can be shipped overseas for sale.

According to the National Retail Federation and FreightWatch, cargo theft can have a significant impact on customers. Stolen merchandise means that customers end up paying more because retailers and manufacturers have to make up the difference. In some cases, product lines are disrupted and customers cannot purchase a product in stores because a cargo theft means that there is a shortage, which manufacturers may or may not be able to rectify quickly.

In addition, there are risks involved in cargo theft. In cases where a truck driver intercepts a theft, he or she may suffer a variety of injuries. In addition, if customers buy these stolen products they may be injured if the products are later recalled. Regular retailers will pull unsafe toys or products from Miami or Florida shelves, but these products may still remain on the black market or be sold online if they have been stolen. Unsuspecting customers may purchase unsafe products and end up suffering injuries as a result.

In 2013, about 19 percent of all stolen merchandise was food or drink products, with metals being the second-most-frequent target of cargo thieves. About 13 percent of cargo thefts involved electronics. Electronics have a higher resale value, but they also have serial numbers, which means that stolen shipments can be tracked in some cases. Food, on the other hand is more difficult to track and is always in demand, meaning that thieves can make a profit while facing a lower risk.

FreightWatch and other groups predict that there may be fewer cargo thefts in 2014 than in previous years, in part due to greater vigilance. Tobacco and other industries have especially tightened transport security to prevent cargo theft. In addition, improved enforcement and the breaking up of some cargo theft rings in recent years may also mean fewer thefts.

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Hazardous Cargo Can Cause Devastating Injuries After a Trucking Crash in Homestead or Your City

Published on: February 18, 2014 | By Flaxman Law Group

Truck accidents in Homestead and other cities are already very dangerous. When an 18-wheeler or big rig collides with a passenger car, the passengers of the smaller vehicle often suffer devastating injuries. Many amputees and brain injury patients in Homestead, for example, have suffered their injuries as a result of traffic accidents. When a truck is carrying hazardous cargo, however, the injuries can be even more catastrophic.

If a commercial truck is carrying propane tanks, for example, the propane can light on fire or even explode on impact, injuring nearby motorists and bystanders. Concrete mixing trucks that experience mechanical failure in Homestead or another city can cause devastating injuries if the cargo spills on the road or comes into contact with passengers in other vehicles. If a truck is transporting oil or a flammable substance, a fire can result from an accident, resulting in serious burn injuries and fatalities. In some cases, trucks may be transporting toxic or poisonous material. If this spills after a crash, it can cause environmental devastation and severely harm anyone in the area. In all these types of accidents, the truck driver is at risk of a workplace injury in Homestead or other city where the accident takes place and other motorists and people in the area may also be at risk.

Since trucks do carry dangerous cargo each day, there are a number of rules in place for commercial trucks transporting hazardous materials. For certain materials, truck drivers need special training and certification. Some materials must also be labeled as hazardous and treated in an especially cautious manner. Truck carriers and drivers are responsible for ensuring that dangerous cargo is correctly loaded and unloaded on trucks so that the risk of injury is reduced. Commercial trucks carrying dangerous goods must also have additional insurance — $1 million or up to $5 million, depending on the hazardous material being transported. When these rules are violated, serious accidents and injuries are a common result.

The U.S. Department of Transportation and Commerce reports that more than 1.5 billion tons of hazardous cargo is transported across the country each year. Most of the cargo makes it safely to its destination. However, each year, statistics show that over 6000 accidents involving trucks carrying dangerous goods occurs each year. Over 200 fatal truck accidents each year occur involving trucks carrying hazardous materials.

If you are involved in a truck accident involving any hazardous material, it is important to get medical attention right away. Even if you are not sure whether you are injured, keep in mind that poisonous or hazardous material can lead to devastating health consequences, even if you do not have symptoms right away. You will need to get medical attention and medical care to make absolutely sure that you have not been affected by noxious fumes, smoke, or other dangerous substances at the accident site.

You will want to exchange contact and insurance information with the truck driver and take photos of the accident scene if you can. Exchange contact information with any witnesses at the scene, too. The more documentation you have, the more options you may have down the line.

One phone call you will want to make very quickly after your accident is to a personal injury attorney in Homestead or your community. Truck accident cases are very complex and you will want someone by your side.

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When Unsafe Trucks in Hollywood and Other Florida Cities Cause Accidents

Published on: February 4, 2014 | By Flaxman Law Group

Commercial trucks and 18-wheelers are, by their very weight and size, more dangerous than passenger vehicles on our roads. It’s one reason why federal rules are very strict about these larger vehicles. Motor carriers and truck drivers must obey the laws and rules for driving and maintaining large trucks in order to help prevent car and truck accidents in Hollywood and other communities.

Unfortunately, some motor carriers and drivers are lax when it comes to safety inspections and other laws that are in place to protect you. The United States Department of Transportation reports that about 500 000 truck accidents occur across the U.S. each year. There is some dispute about how many defective trucks and illegal trucks on the roads are contributing to these collisions, but one thing is clear: reducing the number of illegal and defective trucks on the roads could help prevent some traffic collisions in Hollywood and across the country each year.

There are many types of illegal and defective trucks on the roads which can contribute to truck and car accidents in Hollywood and other communities:

•Trucks that exceed weight limits. Federal laws clearly limit the total weight of trucks and there are weight scales in place to ensure that commercial vehicles do not exceed these limits. However, some motor carriers and drivers purposely falsify cargo documents and avoid weight scales by taking back roads in order to exceed weight limits.
•Trucks that are transporting illegal cargo or illegally stored cargo. Cargo transported by commercial vehicles must be correctly recorded and safely secured. There are special rules for dangerous or hazardous cargo. In some cases, however, motor carriers or drivers transport illegal cargo or transport dangerous cargo without proper precautions. This is not only dangerous, but it can lead to disastrous collisions.
•Trucks that are not correctly maintained. Motor carriers sometimes do not take proper care to correctly maintain trucks, which can lead to tire blowouts, brake failure, and other problems. In some cases, investigative journalists have found that unsafe trucks are shuffled from state to state to avoid the costs of needed repairs.
•Trucks with defective brakes, underride guards, or other components. When a truck has defective brakes or other components, it is expected that these dangerous parts are replaced and trucks are fixed. Unfortunately, some motor carriers and drivers choose to drive vehicles that are not road-safe.
•Trucks without proper licensing. Trucks must be properly registered for Florida or for interstate trucking, but in some cases not all the paperwork is filed correctly. In some cases, if these trucks are in an accident it is difficult for injured survivors to seek justice because not all the information about the truck is available.
•Trucks without legal drivers. Drivers of commercial trucks are expected to have the right class of licensing, an active license, and are expected to be screened for the job. When unsafe drivers are allowed behind the wheel, dangerous collisions are a common result.

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Heavy Trucks Can Be a Danger on the Road

Published on: October 17, 2013 | By Flaxman Law Group

Heavy trucks are a danger on the road in Homestead and across the country. According to the Highway Research Board, one commercial truck of 80,000 pounds does as much damage to roads as approximately 9,600 passenger cars. This is the legal limit for a commercial truck – illegally overweight trucks can cause even more damage.

A study from the University of Michigan Transportation Research Institute concluded that with each ton of truck weight, the risks of a fatality increase. A commercial truck of 80,000 pounds is two times at greater risk of being in a fatal collision when compared with a truck that weighs 50,000 pounds.

Safety experts agree that heavy trucks can be an extreme danger on the road. Heavy trucks that exceed safety weight limits can be a risk for truck accidents for a number of reasons:

•Overweight trucks put additional pressure on tires, brakes, and other truck systems, increasing the risk of mechanical failure and car accidents
•Overweight trucks are harder to control and can lead to a driver losing control of the vehicle
•Overweight trucks are at an increased risk of rollovers
•Overweight trucks put extra pressure and damage on the roads, which can lead to potholes that can lead to secondary car accidents
•Overweight trucks may have cargo that is incorrectly secured, which can lead to falling debris from trucks and secondary car accidents
There are a number of rules and laws in place to ensure that trucks adhere to maximum cargo loads. In addition to the paperwork required for every truck and in addition to the laws regulating cargo, truck drivers also have to pass by scales and get their trucks weighed in order to ensure that they are not exceeding maximum capacity. Despite all of these precautions, however, overweight trucks continue to drive on the roads and continue to cause traffic accidents in Homestead and other communities.

There is actually a financial incentive for motor carriers and drivers to exceed weight limits. Having one overweight truck on the road saves motor companies money because they do not have to hire additional trucks and drivers to carry the excess cargo. Exceeding weight limits can also save time as it allows drivers to head to one destination without having to wait for an additional truck.

Because of the financial incentives, motor carriers and drivers sometimes use unethical and illegal measures in order to avoid the law. They may drive along back roads in order to avoid weight stations, for example, or they may falsify information and documents about the cargo in order to make it appear that they are carrying less cargo than they actually are.

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Overweight Trucks: How They Cause Traffic Accidents

Published on: September 25, 2013 | By Flaxman Law Group

Trucks that carry more than a safe amount of cargo can be especially dangerous on the roads in Homestead and other cities. These types of overweight trucks can easily lead to a truck or car accident in Homestead and other communities. There are a number of reasons why overweight cargo can be dangerous:

1) It can put an additional strain on tires, leading to an accident. Overweight trucks put extra pressure on tires, which can lead to a tire blowout and crash. Tires can also overheat when a truck is overburdened with cargo, and this can cause tire blowouts unexpectedly as well. In this situations, the treads on tires can also wear down more quickly.

2) It puts additional strain on braking systems and other major truck systems. Quite simply, trucks have to work harder to carry cargo that exceeds safe limits. The extra pressure on brakes can cause brake failure and a truck accident in Homestead or another community.

3) It can cause trucks to rollover more easily. When cargo is piled high or the truck is overburdened with a heavy weight, a commercial truck may be more top heavy than usual. This can easily lead to rollover accidents. In Homestead and other cities, rollover accidents have caused pileups and secondary car accidents. The force of a truck accident can mean that multiple vehicles are damaged and several people are seriously injured.

4) It can create more force in an accident. In a truck accident, a heavy weight can create more speed and force. If a truck with an overweight cargo is in a collision with a passenger vehicle or a motorcycle, the larger force can increase the likelihood of fatalities.

5) In situations where trucks are overweight, the cargo may also not be loaded correctly, causing more risks. Where a truck driver or truck carrier have decided to cut costs by illegally putting too much cargo on the truck, how can you trust them to load the cargo correctly? The trucking company may also be taking other risks and cutting other corners, and that can be dangerous.

Federal guidelines dictate how much commercial trucks may carry in one load and truck scales along highways are designed to ensure that motor carriers adhere to these rules. However, some motor carriers defy those rules because it can be less costly to send out four trucks rather than six.

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