Item: Flaxman Law Group
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Author: Clara Barman

Stopped Trucks Can Still Cause Miami Gardens Truck Accidents

Published on: January 19, 2012 | By Flaxman Law Group

When most drivers think of Miami Gardens car accidents involving a truck, they imagine a truck barreling down a highway and colliding with a car. However, in many cases a Miami Gardens truck accident involves a truck that is parked on the side of the road. These types of accidents can still cause serious injuries and fatalities and they are very preventable.

Most commercial tractor trailers need to make frequent stops, including stops on the shoulder of a roadway or highway. In some cases, it is safer to pull over than to keep driving. If a commercial truck driver is not feeling well, for example, or needs to check directions, it is safer to pull over than to keep going. When a truck malfunctions, the driver may simply have no choice about stopping. In some cases, commercial truck drivers also pull off to the side of the road in order to make a delivery or to rest in areas where no other spaces for resting are provided.

Unfortunately, a large tractor trailer pulled over on the side of the road can be a hazard. A large truck can partially obstruct the outside lane, and any car traveling along that outside lane can collide with the truck and cause a serious Miami Gardens truck accident if the passenger car driver does not notice the truck in time. Along winding roads and in the dark, it can be especially difficult to spot a truck stopped by the side of the road. A number of Miami Gardens personal injury cases have been launched after the devastating impact of just this type of accident.

According to Federal Motor Carrier Safety Regulations, when a tractor trailer is stopped on a highway or highway shoulder, the driver is mandated to follow some measures to ensure that oncoming cars are aware of the danger. That is, drivers are expected to use warning devices, such as hazard warring flares, fuses, or other warning devices to ensure that oncoming traffic can see the truck. If a driver fails to take these precautions and a Miami Gardens traffic accident takes place as a result, the driver of the truck may be held liable for not taking the proper precautions and for being illegally parked on the side of the road. In some cases, the truck carrier may also be held partly liable if the driver is not given adequate warning devices for this situation or is not trained in the use of such devices.

In this type of Miami Gardens traffic accident, the results can be devastating, especially if the accident occurs on a highway, where speed limits are higher. A motorist traveling unsuspectingly along a highway may not be able to slow down or swerve in time to avoid a truck that is illegally parked on the side of the road. In many cases, the motorist hits the truck head-on at high speeds. Brain injuries, spinal cord injuries, and fatalities are the common outcome of this type of accident, in part due to the high speed involved.

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Food Trucks and Truck Accidents Across Florida

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

In 2011, food trucks were a major issue in many Florida cities. Some Florida cities including Miami, argued that food trucks were a danger, because they could cause Miami car accidents due to increased traffic congestion, or could cause other types of Miami traffic accidents because food trucks attract both pedestrian and car traffic to small areas. Those who opposed food trucks argued that they posed unfair competition for restaurants and also were unregulated, making them potentially dangerous.

However, there was no denying that food trucks were immensely popular in Florida in 2011, and they had their fair share of supporters. Many argued that even in Miami, where food truck rules were tightened over the summer, food trucks had not been found to cause any Miami truck accidents or traffic accidents. Many also argued that the food trucks provided a safe and affordable option for diners.

Diners certainly flocked to food trucks in 2012. Many cited the low costs and good quality of the food as the reason. With lower overhead, food trucks were often able to provide lower prices than traditional bricks-and-mortar businesses. They are also able to travel to events and other locations where diners are, often making them a more convenient option for hungry patrons.

In 2012, Florida communities will likely see the debate about food trucks continue and may also see new legislation for the food truck industry. For example, St. Petersburg, Florida is considering a few options. The community is considering allowing food trucks in vacant lots. This, according to advocates, would help revitalize vacant areas in and near downtown while providing a service that the public wants. St. Petersburg is also considering allowing food trucks only near Beach Drive and near the Pier, where demand is greatest. Another option being considered is to allow food trucks only in cooperation with private businesses (such as existing bricks-and-mortar restaurants). This option would ensure that food trucks could co-exist with local restaurants rather than competing with them.

St. Petersburg does not currently permit food trucks, although that is expected to change by the end of 2012. Many other Florida communities, however, do permit food trucks. For example, Orlando allows food trucks to work collaboratively with local businesses as long as the trucks stay ten feet or more from the road. Tampa permits food trucks in private lots and at special events only. St. Petersburg’s efforts to bring a food truck scene into the community may eventually affect other communities who wish to allow food trucks on their streets.

While so far there have not been injuries reported involving food trucks, these are commercial trucks and in the event of an accident, they will be protected by larger insurance carriers. As well, gathering evidence in these cases and determining liability could be challenging since the truck may be owned by more than one entity and may be located on a city street or a private lot owned by a third party. Since food trucks can simply drive away, locating drivers and evidence can also be challenging. In any such accident, victims would need to work closely with a qualified personal injury attorney.

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Would a Universal Ban on Cellphone Use Prevent More Miami Truck Accidents?

Published on: December 27, 2011 | By Flaxman Law Group

Commercial truck drivers are not allowed to text and drive or use cellphones while driving. However, the National Transportation Board is calling for a far more wide-spread ban – one that would ban all drivers in all states from using portable electronic devices in all but emergencies. The ban would include hands-free devices as well. While many people believe that such a ban would help prevent Miami car accident, there are also at least a few reasons why it would help prevent truck accidents as well:

1) Truck drivers are not the only ones who cause Miami truck accidents. In many cases, distracted drivers of passenger cars cause accidents because they are not paying attention to the road. By banning electronic devices for all motorists, there is a chance that there will be fewer distracted drivers overall, potentially decreasing Miami traffic accidents – including truck accidents.

2) Light truck drivers and non-commercial truck drivers are still allowed to text and drive in Florida – even though these drivers can still cause deadly accidents. In 2010, a driver in Missouri sent 11 texts in 11 minutes, causing a highway pileup that injured 38 people and killed two.

3) The problem is not going away. Transportation Secretary Ray LaHood has said that the situation with distracted driving is getting worse, with about 50% of drivers between the ages of 21 and 24 admitting to texting or emailing which driving. According to the National Highway Traffic Safety Administration, one in about 1000 motorists at any given moment in 2010 was using a mobile device to surf the Internet, email, text, or engage in some other distracting activity. This represents a 50% increase in these activities compared to the last year.

4) Banning only some drivers from texting and driving is sending the wrong message. To send the message that texting and distracted driving is deadly, all motorists need to be banned from using mobile devices. Just banning commercial drivers makes it seem as though distracted driving is not allowed for commercial truck drivers, but is fine for everyone else.

5) The evidence of the danger is compelling. There is no longer any doubt that distracted driving kills. Studies by the National Highway Traffic Safety Administration and other experts and organizations attest to the dangers. Just as DUI was once legislated to prevent Miami drunk driving accidents and drunk driving accidents across the US, more needs to be done to prevent distracted driving accidents.

Of course, more needs to be done than just enacting laws. The NTSB has stressed that laws need to be enforced. Missouri already has a law which prevents drivers under the age of 21 from texting and driving, but in the 2010 Missouri accident, the 19-year-old driver continued to send texts and was not apprehended by anyone. Many authorities now automatically ask for texting and cellphone records to be preserved when they investigate an accident, so that they can determine whether distracted driving was a factor in an accident. However, more can be done to prevent distracted driving accidents in the first place.

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Why Distracted Driving Can Lead to More Miami Truck Accidents at This Time of Year

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

Numerous studies have shown that distracted driving is a major cause of concern in terms of Miami car accidents and truck accidents. In fact, by federal law, commercial drivers are not allowed to text and drive. During this time of year, however, it seems as though there are many more serious Miami truck accidents featured in the news. More holiday traffic and more pressure are one reason for this alarming trend in Miami truck accidents, but distracted driving is another major culprit. While distracted driving is a problem all year long, it can be an especial problem during the holiday rush, when it seems that far too many of us are trying to do far too much at once.

The pressure to keep retailers stocked with holiday items is considerable, and many truckers face extra pressures in terms of deliveries at this time of year. There are more trucks on the roads, more deliveries to make, and tighter deadline pressures. Truck drivers may feel more pressure to keep driving and more pressure to check in often about deadlines and deliveries. This can tempt drivers to use their mobile devices while on the road – to save time and to keep in touch. In addition, truck drivers have their own holiday plans, just like anyone else, and may be trying to balance a heavier holiday workload along with personal obligations. Again, this can tempt drivers into trying to multitask.

In addition, temporary truck drivers may need to be hired at this time of year in order to meet holiday demand. Many retailers and businesses hire temporary workers – including temporary drivers – at this time of year. While any truck carriers hiring commercial drivers are supposed to ensure that they hire only qualified drivers, any business hiring a driver for a company van may face fewer distractions. A less experienced driver may feel overconfident in their ability to text and drive, and drivers who drive vans for a company may not even realize that they should not use their mobile devices while driving.

There are also more drivers on the roads in general at this time of year, and while commercial truck drivers are prohibited from texting and driver, the drivers of passenger vehicles do not face any similar ban in Florida. Even if truck drivers do everything right at this time of year – even with the added pressures they face – passenger car drivers may be driving distracted and may cause serious collisions with trucks.

All drivers need to be more alert at this time of year. That means putting away all distractions, including mobile devices, and driving safely. The Flaxman Law Group wants to ensure that all our readers have a safe and happy holiday, and we hope that none of our readers are affected by a Miami traffic accident.

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Preventing a Miami Truck Accident During the Holidays

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

There are many more Miami trucks out during the holidays than during most times of the year, as demand for deliveries and merchandise increases at this time of year. Unfortunately, it can mean that there are more Miami car accidents involving trucks at this time of year. If you wish to prevent Miami truck accidents and traffic accidents, there are a few things you can do:

1) Avoid distracted driving. Driving distracted is dangerous at any time of the year, but it can be especially dangerous during the holiday season, when there is more traffic on the roads and a greater risk of Miami traffic accidents. At this time of year, it is even more important to put your mobile devices away and give 100% of your attention to the roads and to driving.

2) Give yourself plenty of time. With the holiday rush upon us, it is common to feel somewhat harried and pressured to get plenty of errands done. However, rushing can make it more likely that you will make driving mistakes that could lead to a Miami traffic accident or truck accident. Rushing can also make it more likely that you will drive aggressively or tailgate in order to get to your destination on time. A better solution is to reduce the number of commitments where you can during this time of year and give yourself extra time to savor the holidays.

3) Give trucks extra room. There are more trucks on the road at this time of year and with more trucks and more rushing on the roadways, you will want to give commercial trucks plenty of room. Remember: if you cannot see the truck driver in the driver’s mirrors, you are too close and the truck driver cannot see you. As well, be sure to leave extra room in cases where a delivery truck may be stopping and starting often in order to drop off deliveries.

4) Use extra caution in parking lots. Parking lots are dangerous because pedestrians, trucks, and passenger vehicles are all sharing the same space. You need to be especially vigilant about trucks and pedestrians in parking lots. While parking lot accidents are usually low-speed accidents, they can be quite serious.

5) Get plenty of rest and only head out to run errands when you are well enough to do so. The holiday season coincides with the flu season, so it is not unusual to be lacking in sleep and feeling under the weather just when you are feeling pressure to run many holiday-related errands. Feeling groggy and ill, however, can increase your chances of getting into an accident. Put off errands until you feel better and more rested. If you take over the counter medication or any medication to deal with seasonal illness, make certain that the medicine will not make you drowsy or sleepy.

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Avoid a Parking Lot Miami Truck Accident This Holiday Season

Published on: December 15, 2011 | By Flaxman Law Group

If you have been holiday shopping this year, you have likely noticed that parking lots are extremely busy at this time of year. Unfortunately, parking lots can also be the site of many holiday Miami traffic accidents. Parking lots require pedestrians, trucks, and cars to share the same space and as more trucks, pedestrians and cars converge on parking lots at this time of year, accidents are more likely. You can reduce your risk of Miami pedestrian accidents, truck accidents, and traffic accidents in parking lots this year by following these safety tips:

1) Be aware where trucks park in your mall parking lot. They may park in a separate area behind stores in order to make deliveries. If this is the case, try to park away from the route that trucks would need to take to get to their delivery area. This will keep you safer as you drive to and from your space and walk to and from your car.

2) Give yourself plenty of time to do your shopping and errands. The less time you have, the more frantic you will be and the more rushed, which makes you more likely to make mistakes that could lead to a Miami car accident.

3) Don’t cut corners when driving through a parking lot. Treat parking lots just like roadways, with lanes of traffic. Do not drive across parking spaces, even if they are empty, to get to a far corner of the lot more quickly. You are sharing the parking lot with other vehicles as well as with children and pedestrians. Stick to those lanes where pedestrians and cars expect vehicles to be.

4) Don’t drive distracted. Although you are driving slowly through a parking lot, you need to be even more alert since other vehicles may pull out in front of you or pedestrians may emerge from in between parked cars. When driving through a shopping mall parking lot. Do not check your messages, text, make phone calls, or change your music. Keep your full attention on the road.

5) Be especially careful at entrances and exits. These are the areas where bottlenecks and accidents are more likely to occur, especially as shoppers and delivery trucks are anxious to get in and out of the parking area. Proceed slowly, make eye contact with other drivers, and yield right of way. When a truck is trying to enter to leave the parking lot, provide plenty of room and make sure that you are not following behind the truck too closely – if you cannot see the truck driver in the mirrors, he or she cannot see you.

6) Stay calm. Holiday stress can easily translate to road rage in a shopping parking lot, especially if someone cuts you off or takes a parking space you were trying to drive into. Do your best to stay calm and avoid engaging with stressed out drivers who may be suffering from road rage.

7) Be cautious when walking to and from your car. Make sure that drivers can see you, stick to pedestrian areas, and avoid emerging from in between parked cars. This is especially important if you are shopping at night or in darker conditions, where visibility is poor. In busy parking lots, Miami pedestrian accidents are a real concern.

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Why Miami Truck Accidents Are an Especial Concern During the Holidays

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

At any time of the year, Miami truck accidents can be devastating. Many Miami brain injury victims, spinal cord injury victims, and other seriously injured victims receive their injuries from Miami traffic accidents. Due to the size and force of commercial trucks, accidents involving these types of vehicles can be especially deadly. A large commercial truck can completely flatten and destroy a passenger vehicle, causing extensive and even fatal injuries to any passengers stuck inside the car. Unfortunately, some experts believe that truck accidents are more common at this time of year for a number of reasons:

1) More trucks are on the road. Holidays are a busy time of year for retailers, and many retailers get more deliveries at this time of year. There are also more deliveries being made to residences at this time of year as companies offer delivery services and as presents are delivered by mail to customers. With more trucks on the road, there is also a correspondingly bigger risk of Miami truck accidents.

2) More temporary drivers are driving trucks. To cope with increased demand, some companies and carriers hire seasonal workers to meet deadlines. Some of these drivers may have less experience with specific routes than drivers who have been doing the same job for months or years.

3) More traffic is present on streets overall. During the holiday season, many more people are out and about to run holiday errands, finish their shopping, and take part in holiday events. In addition to more cars on the road, there are also more trucks on the road as businesses try to capture the profits possible during this time of year.

4) Busy parking lots are a fact of life during the holidays. Parking lots are a major hazard during the holidays, as trucks are trying to make deliveries and as more shopper pour into the malls to take advantage of holiday deals. This can lead to frayed emotions and even road rage, increasing the risk of a parking lot Miami traffic accident.

5) More rushing. As people feel the stress and pressure of the holiday season, they often feel they have to rush into order to accomplish all their tasks. Unfortunately, this can lead to distracted driving as individuals try to multitask. It can also lead to fatigued driving if drivers cannot sleep well due to holiday stress. The holiday rush can also lead to road rage and speeding, which can also contribute to holiday Miami car accidents.

6) More drinking. Unfortunately, some people still choose to get behind the wheel after attending a party where there has been drinking. Each holiday season, police work to crack down on Miami drunk driving accidents, but these accidents still do occur as some people make poor choices.

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Miami Hit and Run Truck Accidents

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

In Florida, all drivers are aware that they need to stop at the scene of an accident in order to render assistance and in order to exchange insurance information and contact information with any other drivers involved in the accident. Hit and run Miami car accidents are a serious offence, and any driver found guilty of this criminal offence can face serious penalties. Despite the penalties, however, hit and run Florida traffic accidents continue to be a serious problem. In fact, according to the Florida Department of Highway Safety and Motor Vehicles, Miami-Dade County and Broward County had the most hit-and-runs of any Florida county in 2008.

There are many reasons why people leave the scene of an accident. In some cases, drivers panic or are fearful of being accused of causing the accident. In other cases, drivers are already doing something illegal – such as driving without a license or insurance or driving under the influence – and do not want to be caught. It can be especially difficult when the person who leaves the scene of an accident is a commercial truck driver. There are many reasons why hit and run Miami truck accidents are especially challenging:

1) Trucks may sustain fewer damages in an accident. A collision between a car and a truck usually results in severe damages for the car, but the truck driver and the truck are less likely to be severely affected. This can make it easier for a truck to drive away and to not even show much damage on the truck itself.

2) Truck drivers may not be from the area, the state, or even the country, making them harder to find. Finding a truck driver who has fled the scene of an accident can be very challenging because truck drivers drive very long distances every day and may be from a different region, making them difficult to find, especially if the victim does not notice the license plate number or other details of the truck.

3) Truck drivers may share a truck with other drivers or may rent a truck from another company. One thing that can make it even more challenging to find the specific driver involved is that some carriers rent trucks or share trucks among drivers. Even if the truck itself is located, it can require even more investigative work to find the actual driver involved.

4) A truck driver involved in a hit and run Miami truck accident may be driving a load owned by one company in a truck owned by another company and may be hired by a third party. For all these reasons, it can be very difficult to determine liability in a hit and run accident. Usually, it takes a qualified Miami truck accident attorney to evaluate liability in these cases.

Most commercial truck drivers remain on the scene of an accident and try to help. However, in a hit and run accident involving a truck, victims can be left without recourse and assistance. In these cases, it can be important to consult with a qualified Miami personal injury attorney in order to locate the driver and determine liability in the accident.

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Distracted Driving and Miami Truck Accidents: What You Can Do

Published on: December 6, 2011 | By Flaxman Law Group

According to the NHTSA (National Highway Traffic Safety Administration), distracted driving resulted in more than 450 000 injuries and 5500 fatalities. The NHTSA has worked to reduce distracted driving on the nation’s streets and even helped to institute a ban on texting and driving for commercial truck drivers. However, distracted driving still continues to cause Miami car crashes and truck accidents.

There are many things that you can do to help reduce instances of distracted driving on the roads:

1) Raise awareness. Many people are not aware that simple tasks, such as eating or drinking or checking messages can be a hazardous distraction behind the wheel. Many drivers also think that driving with a hands-free device is safer, even though studies have shown that headsets are not significantly safer than hand-held devices. The NHTSA website devoted to distracted driving education (http://distraction.gov/content/get-involved/index.html) has a number of resources that can help you educate others about the dangers of distracted driving.

2) Don’t drive distracted yourself. Every time you take your eyes off the road or allow your mind to wander from the task of driving, your accident risk is 23 times higher than it would be if you were driving distraction-free. Even if the commercial truck drivers around you are following guidelines and driving distraction-free, you can still cause a serious Miami truck accident by driving distracted yourself. The NHTSA website has a pledge that you can sign with friends and family to vow not to drive distracted.

3) Get involved in changing laws. Although there are laws preventing commercial drivers across the US from texting and driving, not all states have similarly strict laws against distracted driving for drivers of passenger vehicles. Currently, 35 states ban texting and driving while nine states ban drivers from using handheld cell phones for talking, texting, or any other purposes. Currently, Florida is one of the states with no laws against texting and driving, despite efforts by advocacy groups who claim that distracted driving leads to many Miami traffic accidents and Florida accidents each year. Preemption laws in Florida make it difficult for localities to pass and enforce laws against distracted driving. However, you can write to your local representatives if you feel strongly about the issue, in order to encourage your representatives to seek solutions.

4) Encourage strict penalties for commercial drivers who do violate the no texting and driving rule. Unfortunately, while most commercial truck drivers do take the texting ban seriously, some Miami truck accidents each year are caused by drivers who violate the rule. If you feel strongly about this, you can write to your elected representatives to encourage harsher penalties for drivers who violate distracted driving laws.

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Are Mexican Trucks a Miami Truck Accident Risk?

Published on: November 25, 2011 | By Flaxman Law Group

The Teamsters union has been involved in a legal battle to stop a U.S. Department of Transportation pilot program which would see trucks and truck drivers from Mexico on US roads. The Teamsters allege that the trucks are unsafe and would pose a threat on the roads. They also allege that the pilot program is illegal. The lawsuit has created quite a bit of media coverage and has many in Florida asking whether Mexican trucks would increase the risk of Miami truck accidents as well as traffic accidents across the state.

One reason that the pilot program is so controversial is because Mexican drivers, under the program, would not be mandated to meet the same physical requirements as US drivers and would not need to show proof that they adhere to safety standards. They would also not need to meet the standards established by the National Environment Policy Act. Many are concerned about this, since US drivers and trucks must meet a long list of requirements in order to drive on the roads. The Teamsters, as well as some truck drivers and carriers, are concerned that Mexican truck carriers do not need to meet these same strict guidelines when driving on US and Florida streets.

Also at issue is the safety standards of trucks allowed to drive in US roads. Some of the truck carriers from Mexico approved by the pilot program, for example, have had safety issues. The pilot program at first approved Grupo Behr, a truck carrier from Tijuana. However, the pilot program eventually withdrew that approval after it was found that the carrier had one semi-tractor trailer that was 20 years old and had safety problems. The pilot program eventually approved Transportes Olympic, another truck carrier. However, the Teamsters and other groups have expressed concerns about the safety problems possible with this carrier, as well.

According to the Federal Motor Carrier Safety Administration (FMCSA), US taxes will pay for electronic On-Board Recorders with GPS for all Mexican trucks. While this may make it easier to keep track of any trucks from Mexico involved in accidents on the US border, some groups are upset, since US truck carriers must pay for these devices out of pocket. US taxes will also pay for muffler replacements on some older Mexican trucks, to ensure the safety of US air quality.

Despite the concerns, the first trucks from Mexico were allowed to enter the US on October 2011. Canadian trucks have been allowed on US roads for some time. So far, it is not known how any Miami car accidents involving Mexican trucks might be handled. Such cases may necessarily be more complicated, since victims would need to pursue carriers and drivers across the border. Since Miami is a major port and business center in the US, it does see quite a bit of truck traffic. So far, it is not known how the approval of Mexican trucks in the US would impact Miami traffic accident rates, if at all.

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