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

Do Texting and Handheld Phone Bans Help Prevent Florida Truck Accidents?

Published on: July 12, 2011 | By Flaxman Law Group

Many states – including Nevada, recently – have bans prohibiting hand held cell phone use or texting while driving. No state has a blanket ban on mobile devices, so even the stricter states allow the use of hands-free mobile devices. In many cases, these devices have features which allow users to dial numbers and even send and receive text messages without taking their eyes off the road. The idea behind these devices is that they are safer because they do not require drivers to look down to check messages or dial a number, allowing drivers to keep their eyes on the road. Currently, Florida has no bans on cell phone use or texting while driving, even though a number of attempts have been made to pass this type of legislation.

While a number of experts and residents believe that Florida should follow the lead of other states and pass cell phone bans and texting bans for drivers, new studies by the Governors Highway Safety Association cast doubt on the idea that such bans could help reduce Florida car accidents and truck accidents. According to the Governors Highway Safety Association, cell phone bans do not necessarily reduce the number of traffic collisions. While numerous studies – including the Governors Highway Safety Association research – show that distracted drivers are more at risk of accidents than non-distracted drivers, the new study does not show a clear correlation between the use of hands-free devices and lower car accident and truck accident rates.

The Governors Highway Safety Association research examines nine states that have instituted a cell phone ban. Researchers found that drivers are distracted by many things – up to half of their driving time. However, researchers in the study also found that drivers adapt to the use of the phone and pay more attention to the road. Another study, by the Insurance Institute for Highway Safety (IIHS) also found that states with hands-free and no texting legislation actually experienced an increase in the number of traffic crashes after their new legislation. According to experts, part of the problem is that after texting and cell phone bans, many drivers continue to take part in the risky behavior – but place their mobile devices in their lap so that they will not be caught and ticketed. With mobile devices in their laps, drivers spend more time with their eyes off the road – and are therefore more likely to cause a truck or car accident.

Currently, commercial truckers in Florida and across the US are prohibited from texting while driving. As well, truck drivers must adhere to a number of rules about hours of service and rest stops. Nevertheless, truck drivers are still sometimes involved in fatal Florida truck accidents because of texting and driving or cell phone use while driving. As well, while commercial trucks are banned from texting and driving, in Florida passenger vehicles are not subject to these same restrictions and drivers of these cars can and do cause serious traffic collisions.

Continue reading →

Child Victims of Florida Truck Accidents

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

When trucks collide with passenger vehicles, everyone in the passenger vehicle is immediately at high risk of serious injury. In cases where children are in the passenger vehicle, the outcome can be even worse for them. Since trucks are so much larger than cars, the force of the impact is likely to leave passenger car victims with severe injuries. Since children are smaller, their injuries can easily become life-threatening.

As well, while car manufacturers create a number of safety systems for adult drivers and passengers – including safety belts and air bags – these same systems often cannot protect young children. Indeed, for very young children, air bags can pose a danger of head injuries while seat belts can lead to lacerations. Parents are expected to provide safety seats and age-appropriate child safety restraints for their children.

However, laws in Florida re quite lax when it comes to booster seats for children. In fact, only Arizona, Florida, and South Dakota do not have any booster seat requirements for young passengers, even though booster seats and other age-appropriate child safety restraints have been shown to decrease the risk of fatalities and injuries in young passengers in the event of a truck accident or car accident. While parents can – and often do – choose to get age-appropriate child safety restraints for their children, they are not required by law, in many cases, to do so.

Adults in Florida truck accidents often suffer from spinal cord injuries, broken bones, brain injuries, and other serious injuries. Each year, many adults die in truck accidents and traffic accidents. However, there are many things that can be done to help prevent child fatalities in such accidents. One of the most important things drivers can do is to ensure that all child passengers always use an age-appropriate child safety restraint.

Continue reading →

Are Commercial Trucks Less Likely to be in a Florida Truck Accident?

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

Commercial trucks are subject to strict federal rules which ensure operator safety. Drivers of these trucks need special training and must observe hours of service rules as well. Does this mean that commercial trucks are actually less likely to be involved in Florida car accidents and truck accidents?

While commercial trucks, such as tractor trailers, are in fact involved in fewer accidents – they are only involved in about 2.4% of all national traffic accidents – and are less likely to be in an accident than a passenger vehicle, the impact of these fewer accidents is very high. While the number of commercial truck accidents is lower than the number of car accidents, the devastation caused by the fewer number of truck accidents is immense.

According to the National Highway Transportation Safety Administration, 11% of all traffic fatalities in 2008 were the result of large truck accidents. That year, 4,229 fatalities occurred as a result of truck accidents. Of these fatalities, 74% involved the passengers of a car. Quite simply, when a large commercial truck is in an accident with a passenger vehicle, the passengers of the smaller car are at very high risk of serious and life-threatening injuries.

Large commercial trucks are also more likely to cause multiple-car accidents, simply due to their size. The amount of time it takes a truck to stop is longer and the length of the truck is also longer than that of a passenger car. When a truck brakes during a collision, the truck will likely travel the car-length of several passenger vehicles – hitting any cars that happen to be in the way.

A number of Florida truck accidents can be avoided. Operator safety issues, such as driver rests and monitoring of driver logs, can have an important impact in terms of reducing accidents. As well, reducing incentives for speeding and fatigued driving – incentives such as pay per mile – can also help encourage truck drivers to make safety a priority.

However, in many cases, passenger car drivers also need to be addressed. Some statistics suggest that as many as three-quarters of all truck accidents involving passengers cars are the fault of the passenger car. Better driver education and more education programs for passenger drivers can help teach these drivers how to safely share the road with trucks.

Continue reading →

Could a Lowered Rate of Fork Lift Truck Accidents in the UK Help Prevent Similar Florida Truck Accidents?

Published on: July 1, 2011 | By Flaxman Law Group

The Health & Safety Executive has reported that since the Fork Lift Truck Association’s National Fork Lift Safety Week initiative was launched, UK has seen fatal fork lift truck accidents decline by two thirds. In 2006/7, 16 workers in the UK died due to such accidents, while in 2009/10, five workers were killed in these accidents. This is the third improvement in statistics.

Experts in the UK have reported that fork lift truck accidents are among the most dangerous accidents for workers. Even with the recent reductions in the number of these fatal truck accidents, there were 369 serious but non-fatal fork lift truck accidents in the UK in the past year – an average of one serious accident per year. Many of these accidents were life changing amputations, brain injuries, and other such serious incidents.

Can Florida learn from the UK example to reduce the instances of Florida truck accidents? There certainly seem to be a number of take-away lessons from the UK example:

1) Truck accidents can be reduced through effort. Although many people see accidents as an unavoidable reality of life, the UK example shows that the number of accidents overall can be reduced with concerted effort. Statistics prove that over three consecutive periods, the number of fatal truck accidents dropped. The statistics were also adjusted for the economic downturn, so it is not only the recession that is helping to reduce the accident rates in the UK.

2) Education is key. The Fork Lift Truck Association’s National Fork Lift Safety Week was introduced in 2008 to help educate workers and the public about safety and to promote safety best standards. This program is credited for helping to reduce fatal fork lift accidents across the UK.

3) Training is important. The Fork Lift Truck Association’s National Fork Lift Safety Week focuses on different safety topics every Safety Week. Recently, the Fork Lift Truck Association has been focusing on training, with the slogan “more skills, less spills.” According to the Fork Lift Truck Association, poor training increases the risk of serious accidents.

Continue reading →

Truck Proposals Could Change Rates of Florida Truck Accidents

Published on: June 30, 2011 | By Flaxman Law Group

Federal lawmakers are considering transportation bills which would, over the next few years, change a number of things about the trucking industry. Some experts are concerned about a proposal in the bills which would allow higher weight limits and which would permit trucks on more roads across the country. Some experts are concerned that such changes could affect the rates of Florida car accidents and truck accidents on the road.

The bills would increase truck weight limits from 80 000 pounds to 97 000 pounds for single-trailer commercial trucks on state highways and interstate roadways. Trucks with two or three trailers would be permitted up to 100 000 pounds. As well, trucks with two or three trailers will be allowed the entire national highway system rather than on interstate roads.

According to the Transportation and Infrastructure Committee Chairman, the bills could be put to a vote before committee by July 12. The suggested legislation would also place a tax on trucks over the weight limit. This money would be placed in a fund and distributed to states to assist with road repairs and bridge work.

There are many concerns about the proposed changes. Many legislators, for example, have pointed out that cars are currently getting smaller as more consumers look for fuel economy in their passenger cars. Combining smaller cars with larger trucks could create even more devastating Florida car accidents involving cars, whereby smaller cars would have no chance against very large commercial trucks. There is also concern that the larger trucks would have very large blind spots and would not be able to safely share the roads with motorcycles, bicyclists and others who use the road system.

There is also a concern that the larger trucks could create problems on residential streets. While the proposed legislation allows very large trucks only on the national highway system, when a section of the system is closed due to an accident or another cause, traffic is often rerouted through residential areas. There is a concern that 100 000 pound trucks would be on residential streets in such cases, posing the risk of Florida pedestrian accidents and other types of traffic accidents.

Other experts have noted that much larger trucks could create load problems and could make the roadways deteriorate faster, due to the weight and force of the larger vehicles. Those in the trucking industry have noted that improved technology in the trucking industry would potentially help offset some of these problems. The Transportation and Infrastructure Committee also notes that allowing the proposed changes would allow businesses to be more competitive and efficient, which would beneficial to the economy.

Continue reading →

Preventing Miami Truck Accidents With Design

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

A blogger writing for TransitMiami, has recently written about the large number of accidents along Biscayne Boulevard. These accidents often reportedly include high speeds and in recent months have resulted in damage to light poles and storefronts. According to the blogger, some of the problem stems from design and suggests some of the ways that Miami truck accidents and car accidents along this road could be prevented:

1) Changing the design speed of the road. The design speed of Biscayne Boulevard in Upper East Side (where many of the accidents have been taking place) is 45 mph, and the posted speed limit is 35 mph. The TransitMiami blog suggests a design speed of 35 mph.

2) Re-striping scenario in order to bring back parallel parking to the street. The MiMo Business Improvement Committee (BIC) has made this suggestion to District 6 Secretary for the Florida Department of Transportation. Creating parallel parking in the area would encourage cars and trucks to slow down, BIC believes, and would also provide a layer of protection for pedestrians, helping to prevent Miami pedestrian accidents in the area.

3) Adding traffic calming design features. According to the City of Miami’s Comprehensive Neighborhood Plan (MCNP), such devices can include wide sidewalks, different lane widths, medians, landscaping, roundabouts, lighting; and signage. All of these features make the area more like a neighborhood and less like a highway, encouraging motorists to slow down.

4) Enforcement. While improved design can help reduce the speed and therefore the number of accidents, enforcement is still an important part of the equation, ensuring that motorists obey the rules of the road. An enforcement campaign targeting the area specifically could help prevent accidents along the street.

Continue reading →

Summer Can Mean More Trucks on the Road – and a Larger Risk of Florida Truck Accidents

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

Summertime does pose a higher risk of Florida car accidents and truck accidents. There are many reasons for this:

1) Tourist season means busy businesses. Florida is a major tourist destination in the summer, and theme parks and amusement parks in the state are filled with tourists. Plenty of events and summer business, however, also means that more trucks are needed to make deliveries to businesses. Unfortunately, more trucks on the roads can also mean a higher risk of collisions.

2) Heavier car and pedestrian traffic. Florida streets really fill up during the summer. There are more pedestrians taking part in summer activities, and more drivers on the road taking part in summer road trips. More buses ferry tourists to major sites and children to summer camp. There are even more trucks on the road due to a heavier construction and road work schedule. All this extra traffic and congestion can cause tempers to fray and can easily lead to traffic accidents.

3) Hot weather can mean more truck tire blowouts. Florida tire defects are a serious problem for truck drivers, since trucks tend to be very hard on tires. In the summer heat, however, even good tires can wear down more easily and suffer blowouts as the rubber is affected by the heat.

4) Summer can be harder on drivers that need to drive long distances. The glare of the sun and the hot weather can create exhaustion and can make it easier for already tired drivers to fall asleep at the wheel. Truck drivers, who must often drive very long distances in the blinding sun and stifling heat, can be especially vulnerable.

5) More Florida drunk driving accidents. Unfortunately, there are more drunk drivers on the roads in the summer. Patios serve beer at restaurants and many summer events and parties serve alcohol. Worse, the summer heat and sun can magnify the effects of alcohol, making accidents even more likely.

Continue reading →

North Miami Hopes to Reduce Florida Truck Accidents with Ordinance

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

North Miami has proposed an ordinance which would require food trucks, which appear regularly at such events as the Biscayne Triangle Truck Round-Up, to get licenses and permits. The proposal, if successful, would charge food trucks $167 yearly and $50 one-time fee to pay for a background check. Currently, food trucks in the area do not need permits or checks to operate in the area. Although there are no statistics suggesting that food trucks contribute to Florida truck accidents, some have raised concerns:

1) The industry is less regulated than the commercial trucking industry. Commercial trucks are subject to many rules. Drivers are usually trained and must obey rules about hours of service and other laws. Food trucks, however, are less regulated, and the North Miami ordinance would at least require background checks on those operating the trucks.

2) The trucks congregate in parking lots. This has the potential to cause accidents as trucks back up or pull into the lot. There are no reports of such accidents, but some feel that the sheer numbers of food trucks could create such accidents.

3) The trucks usually require some form of fuel for food preparation. While most operators take precautions to ensure a safe work environment, some people point out that parking lots are a bad place to set up food trucks that include additional sources of fuel. Any fire in such a truck has the potential to cause a serious conflagration.

4) The trucks attract pedestrians. Some worry that the trucks could contribute to Florida pedestrian accidents because they attract large numbers of pedestrians. As well, since these trucks often set up shop near parking lots or in parking lots, the trucks can produce more pedestrian traffic in areas with many cars, creating a large risk for Florida car accidents.

Continue reading →

Florida Truck Accidents Involving Homes

Published on: June 21, 2011 | By Flaxman Law Group

Most Florida car accidents and truck accidents involve other vehicles, pedestrians, and inanimate objects such as telephone poles. However, in some cases, trucks and cars in Florida plow into homes. In many cases, these are Florida drunk driving accidents or accidents involving loss of control of the vehicle or a pedal error (such as when the driver mistakes the accelerator for the brake. Such an accident occurred in Cocoa, Florida in January and another took place in Palm Bay in May. Brevard County has in fact seen a few such accidents in 2011.

The results of these accidents can be devastating, especially when the vehicle involved is a truck. Due to the size and force of a truck, the truck can plow right into the house and tear down walls. Both the driver and the occupants of the home are likely to sustain serious injuries. There are many types of damages which typically occur in this type of Florida accident, including severe property damage and serious injuries. There are many reasons why such accidents result in such severe damages:

1) Many accidents involve high rates of speed. While there are no statistics concerning such crashes specifically, authorities have stated that such accidents occur fairly often and often do involve high speeds, since often the drivers are intoxicated or have hit the accelerator by mistake. The high speed causes the impact of the crash to be greater.

2) Walls are often torn down. In this type of accident, the sheer size and force of the vehicle is often enough to push down walls and barriers, crushing anyone behind the walls.

3) In many cases, there is structural damage to the home. This sort of collision can compromise the foundation or walls which are structurally important to the home. In some cases, the home cannot be salvaged or requires very extensive (and expensive) repairs.

4) The vehicle sustains serious damages. In many cases, the vehicle doing the damage is also seriously injured and the driver usually is killed or sustains serious injury.

5) The occupants of the home are typically not prepared. In a Florida car accident, victims may have only seconds to respond but may have at least a few seconds to try defensive driving. In a situation where a vehicle crashes into a home, there is typically no warning and occupants often have no time at all to get to safety.

6) There is a risk of fire. This type of collision can easily lead to a fire since the crash of the truck through walls can harm electrical wiring and gar lines and can also create sparks.

Continue reading →

Florida Truck Accidents Involving Delivery Trucks

Published on: June 18, 2011 | By Flaxman Law Group

While large commercial tractor trailers get a lot of attention in discussions of Florida truck accident risks, delivery trucks are also a danger on the state’s roads. Delivery truck accidents can lead to the same serious injuries and to fatalities. As well, there are a number of factors that make delivery trucks especially dangerous:

1) There are a great many delivery trucks on the roads. In addition to major courier services, most cities have local couriers as well as a host of local companies offering delivery service. The large number of delivery trucks increase the odds that these vehicles will be in accidents.

2) Driver training varies widely. Commercial truck drivers are required by federal law to meet specific training requirements and to commit to specific job-safety standards (such as hours of service regulations). This is also true of delivery truck drivers working for large national companies. However, local companies with drivers operating smaller trucks often are not required to adhere to such regulations.

3) The pressures of the job. Delivery truck drivers – especially drivers working for couriers – are under a great deal of pressure to deliver packages under very strict deadlines. This can lead to mistakes, speeding and carelessness that can lead to serious accidents.

4) Delivery trucks often deliver items to residential areas. While commercial tractor trailers largely drive on highways, delivery trucks generally make deliveries to residential addresses – including addresses in areas where a driver may not be familiar with a specific neighborhood. This can increase the risk of Florida pedestrian accidents involving such trucks.

Continue reading →