Item: Flaxman Law Group
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Author: Clara Barman

Two Recent Florida Truck Accidents Show the Dangers of Driving

Published on: June 17, 2011 | By Flaxman Law Group

Two recent truck accidents in Florida have made headlines and have highlighted some of the risks on Florida roads. In one incident, well-known professional wrestler Randy “Macho Man” Savage suffered a heart problem while driving his Jeep truck. His heart was on the accelerator when he lost consciousness due to ventricular fibrillation (VF) and lost control of his vehicle. His wife, who was a passenger in the car with him, steered the car away from the traffic and into a tree. Many experts believe that her actions helped prevent a more serious Florida car accident. Sadly, Randy “Macho Man” Savage passed away as a result of VF.

In the second incident, a 29-year old man in Florida caused a 5-car accident and $44,000 in damages when he dropped his cell phone in his car and bent down to pick it up. Since his eyes were not on the road, he did not notice when the cars in front of him stopped and he plowed his truck into four cars and then crossed lines of traffic before ending in a ditch. He was charged with careless driving.

That incident highlights the dangers of distracted driving – and shows that not all distracted driving is caused by texting while driving. Any activity that takes your eyes off the road is dangerous and can lead to charges filed against you. Even taking your eyes off the road for a few seconds can mean that you don’t have time to react to a stopped car or a pedestrian and can cause you to be in a Florida car accident.

Both accidents also show how quickly Florida truck accidents can happen. A sudden medical emergency or a moment’s distraction cause thousands of Florida car accidents and truck accidents each year and each such accident can result in fatal injuries that can change families in tragic ways. While there may be no way to predict a medical emergency, there are ways to help prevent Florida truck accidents and car accidents.

For example, drivers can place possessions – including cell phones – safely in the glove compartment or the trunk. In the event of a collision, this prevents these objects from becoming airborne. Each year, victims in car accidents are seriously injured by flying objects inside a car, so the fewer items you have loose in your car the less likely you are to be injured and the less likely you are to be distracted. Turning off your mobile devices and putting them away entirely is also an important safety precaution. The temptation to just take a quick peek at your messages can be strong – and that one quick peek can result in a tragic accident.

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Will Plans to Change Cargo Ship and Train Access Affect Florida Truck Accident Rates?

Published on: June 14, 2011 | By Flaxman Law Group

New plans by the government could improve the economy in Florida while also possibly helping to prevent Florida truck accidents. A new government plan will divert some cargo traffic from trucks to a Florida East Coast Railway line that runs between Hileah and the Port of Miami. The move – slated to cost millions – could remove up to 5% of truck traffic between the cities and could reduce downtown Miami traffic by 1.4%. Since heavy traffic is considered a contributing factor to both Florida car accidents and truck accidents, one can’t help but wonder whether the move will help reduce collisions.

Changes to the railway line could be finished by 2012, thanks to a $22.7 million grant from the government and a further $10.9 million from the Florida Department of Transportation. Miami-Dade County will contribute $4.8 million to the project. The rail will help to get rid of 60 000 truck trips each year between Miami and Dodge Island.

The Miami Access Tunnel project is also underway. The two tunnels now being constructed will connect the port of Miami to Watson Island. This project, too, will help remove some truck traffic and other types of traffic from Miami. According to the Florida Department of Transportation, 16 000 vehicles each day travel through Miami’s downtown to get to or from the port. This includes about 4, 480 cargo trucks, or about 28% of all traffic. Each year, this amounts to 1.16 million trucks and 4.16 million vehicles traveling in the downtown area due to the Port of Miami. Diverting some of that traffic could have an impact on traffic and therefore the risk of collisions.

Experts believe that up to 80% of passenger cars traveling from the Port of Miami and to the area can start to use the Miami Access Tunnel once that is completed. However, there are plans underway to make Miami and Florida in general a cargo capital, and there are concerns that this could mean more traffic in the area over the long term. When the Panama Canal expands in 2014, more cargo and larger ships could eventually start heading for Florida. Experts believe that by 2015 and 2016, the Port of Miami will start to see a large increase in the number of cargo ships destined for the port.

So far, no research has been published about how the changes in the Panama Canal may affect truck traffic or Florida truck accident rates across the state. The construction of the Miami Access Tunnel and the changes to divert more traffic to railways may help to offset some of the traffic, but hopefully more research will be done to determine the effects of the changes on overall traffic and traffic accident rates.

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Researcher Questions Truck Accident Data

Published on: June 10, 2011 | By Flaxman Law Group

Dr. Ronald R. Knipling has questioned some of the research submitted by the Federal Motor Carrier Safety Administration (FMCSA) as support of its hours of changes regulation revisions. Dr. Knipling used to work at the research division of the FMCSA and noted that the published study by researchers Pennsylvania State University was not of much use because of problems with the sample of drivers in the study. As well, Dr. Knipling noted that other factors involved in the crashes studies were not closely analyzed.

Dr. Knipling also found problems with a study by the Virginia Tech Transportation Institute. He also noted that the FMSCA’s reference to a study of Florida bus drivers in terms of hours of service regulations did not make sense, as the study might be useful in studying Florida bus accidents, but not interstate truck driving risks. Dr. Knipling has done his own research into fatigued driving and has found several risk factors that can contribute to truck accidents:

1) Fatigue associated with lack of sleep is associated with truck accidents. Fatigue related to work schedules and driving does not contribute as significantly to truck accidents, according to Dr. Knipling.
2) Fatigue associated with being awake for more than 16 hours at a time contributes to truck accidents.
3) Early morning driving contributes to car accidents. Due to increased exposure, Dr. Knipling also concluded that truck accidents are more likely during daytime driving.

The questions over research studies highlight some of the challenges of creating hours of service and other regulations to prevent trucking accidents. While the FMSCA works to prevent Florida truck accidents and accidents across the country, it can be difficult to determine which measures may be most effective in preventing such collisions.

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Help Your Teen Avoid a Florida Truck Accident

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

Teen drivers across the state have higher rates of Florida car accidents, and experts believe that this is the case because younger drivers simply have less experience when it comes to dealing with common road hazards and situations. For example, many teen drivers have little experience sharing the road with trucks. To ensure that your teen has the skills to avoid a collision with a truck, make sure that you:

1) Have your teen sign a no-distracted-driving and no-drinking-and-driving agreement. You can find such pledges on the Mothers Against Drunk Driving (MADD) website or you can devise your own. It’s important to really explain to your teen the dangers of drinking and driving or driving distracted, as these behaviors greatly increase the risk of a Florida truck accident.

2) Go over the rules of driving around trucks. Better yet, take your teen out in a car and teach them the basics of allowing extra room behind a truck and the basics of passing a truck safely. Do not just assume that your teen was taught about sharing the road with trucks in driver’s education. Your teen may not have absorbed that information enough to apply it easily.

3) Pay for extra training for your teen or ask your teen to get extra training before giving your new driver car privileges. Most teen driver programs cover a lot of ground and some include minimal in-car instruction. Extra defensive training or extra in-car lessons with a qualified instructor can be very helpful in giving your teen some extra skills and experience.

4) Limit the behaviors that can cause your teen driver to get into a car accident. When you allow your teen to drive, consider placing a limit on the number of passengers your teen can have in the car while driving. As well, if you live in a small community, consider limiting your teen to non-highway roads for a few weeks or a few months. Once your teen gains confidence and experience on smaller and less busy roads, you can then permit your teen to share the road with trucks.

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Losing Someone in a Florida Truck Accident

Published on: June 5, 2011 | By Flaxman Law Group

Truck accidents claim thousands of lives in Florida each year. If you have lost a loved one in a Florida truck accident, the devastation can be very traumatic. The loneliness, hurt, and upset can take many years to heal. When a loss has been caused by a driver’s negligence or recklessness, the loss can sometimes be even harder to accept.

If you have lost a loved one in a traffic accident, your immediate concern will likely be with arranging for memorial or funeral services. You will also need time to grieve and there will likely be estate issues to deal with as well. However, if the accident was caused by negligence or recklessness, you will also want to consult with an experienced Florida wrongful death attorney.

Waiting after an accident to file a claim reduces the chances of success, because important evidence will be lost and because there are statutes of limitations in these cases. Although it can be difficult to think of legal action at a time of grieving, it is important to at least consider all your options. A consultation with the Flaxman Law Group can help you understand your choices and can help you move forward.

Florida law allows you to recover for end-of-life costs, medical costs, and other related costs in cases of a fatal car or truck accident that was caused by negligence or recklessness. Pursuing the claim you may be entitled to under the law can help protect your family and can leave you with some financial security as you work to heal. The Flaxman Law Group is compassionate and has worked with many grieving families in Coral Gables, Miami, and throughout South Florida. We take care of all the details, so that you can focus on healing.

It can be a difficult decision to contact an attorney after a devastating loss, but it can be an important part of the healing process. A Florida personal injury attorney can investigate the accident to provide you with some answers and some peace of mind. A good attorney can also pursue your case and in some cases can even help save other families from such a loss. If the accident which caused your loved one was a Florida drunk driving accident or was caused by dangerous driving, legal action can ensure that those involved are held responsible. In some cases, legal action can bring about changes that can help prevent further tragedies.

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The Emotional and Financial Realities of Florida Truck Accidents

Published on: June 3, 2011 | By Flaxman Law Group

Florida truck accidents have an immediate and physical result. Drivers see the incredible physical devastation these accidents cause every day on the roadways, and emergency rooms and hospitals in Florida are filled with patients experiencing the immediate physical effects of burn injuries, broken bones, spinal cord injuries, and other injuries caused by truck accidents. However, there are also emotional and financial outcomes of truck accidents, which, although less immediately obvious, are no less devastating to victims.

Victims of Florida car accidents and truck accidents often find that once they are discharged from the hospital, the financial realities of their situation become very evident. Most victims of truck accidents in Florida are not able to return to work immediately; some have permanent injuries which ensure that they are never able to return to work. Therefore, these patients find that their source of income disappears at about the same time as substantial medical bills start arriving from the hospital and from doctors.

Treatment for Florida brain injuries, spinal cord injuries, and other common injuries caused by truck accidents, can easily total tens of thousands of dollars a year. Many patients find that their insurance providers are reluctant to pay the substantial bills outright. At the same time, the usual bills, such as the mortgage and the credit card bills, continue to arrive, adding to the financial stress and the upset of the patient who is still trying to recover from the physical trauma of the accident.

The terror caused by the accident and the injuries, coupled with the financial strain of the accident, often causes emotional repercussions. Many individuals who have been in a Florida truck accident report disrupted sleep, mood swings, an altered appetite, depression, anger, and other signs of stress and trauma. However, in some cases insurance companies are reluctant to pay for therapy or counseling.

Luckily, there are provisions in Florida law which can help victims of truck accidents. If you have been in a truck accident in Florida, contact a qualified Florida personal injury attorney. A good attorney can investigate the case for you, negotiate with insurance providers and even pursue the case through the court system to ensure that you get the support you need to focus on healing.

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Brain Injuries and Truck Accidents

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

Many Florida brain injury patients sustain their injury in truck accidents and traffic accidents on Florida roads. Unfortunately, Florida truck accidents are more likely than other types of traffic accidents to lead to fatal and permanent brain injuries. The force of a large truck can effectively crush a passenger vehicle and the occupants inside, leading to devastating losses. Common brain injuries in Florida truck accidents include:

1) Whiplash. Whiplash can occur when the head and neck area is injured due to sudden, rapid movement. In a truck accident, this can often occur when a car collides with a truck and comes to an abrupt stop. Whiplash is hard to detect in MRIs and other scans, making it difficult to diagnose. Unfortunately, this condition can also leave a patient unable to work and unable to resume everyday activities for months.

2) Traumatic brain injury. Brain injury can also occur when the brain pushes or slams up against the inside of the skull, usually in response to a head injury where the victim’s head collides with a hard surface (such as a dashboard). When this happens, the brain may swell, bruise, or even bleed, potentially leading to brain damage. This type of injury may be permanent or may take years to heal. Some patients are unable to resume their jobs or everyday tasks. In some cases, such injuries are fatal.

3) Puncture injuries. In a truck accident, objects in a car can easily become airborne and can easily become lodged in the skull due to the impact of the crash. When an object punctures the skull, it typically causes widespread trauma which is often fatal. In cases where a patient survives this type of injury, the brain damage caused may be permanent.

If you have sustained a brain injury in a Florida truck accident, it is important to contact a qualified Florida personal injury attorney. Brain injuries are hard to diagnose and difficult to treat. Florida brain injury patients often spend years and in some cases a lifetime trying to recover from their injuries. Good recovery requires considerable resources, as the treatment options for these types of injuries are expensive. A good attorney can help you pursue a settlement or compensation, so that you are able to afford the treatment options you deserve.

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Distracted Truck Driving Leads to Accidents in Florida

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

In the last few years, there has been more awareness about the dangers of distracted driving. In fact, new regulations have been passed over the past three years which make it illegal for commercial truck drivers and government employees on the job to text and drive. As well, victims who are injured in a Florida truck accident caused by a distracted driver can usually pursue the driver in court for negligence.

Despite this, however, distracted driving continues to cause Florida car accidents and truck accidents everywhere. These accidents continue to claim lives and cause hundreds of thousands of injuries each year. Part of the problem is that while steps are being taken to address texting and driving, the larger role of distracted driving is not being addressed.

The reality is that distracted driving is not just about texting. Distracted driving can occur every time that a truck driver removes his or her focus or eyes from the road. Distracted driving can happen when a truck driver is changing a CD, talking on a cell phone (even on a hands-free device), eating or drinking while driving, looking at a map, searching for something in the cab, and otherwise doing anything else but focusing completely on the road.

Unfortunately, it is impossible to legislate the long list of possible distractions available for truck drivers on the road. It is also impossible to enforce rules requiring truck drivers to remain focused on the road at all times. In fact, the very nature of the job makes long-term concentration difficult. Drivers spend all day, day after day, on the road, driving. Mainlining 100% concentration on the road during long stretches of time is very difficult.

Some industry experts have recommended that stricter rules be put in place against truck drivers who have accidents or “near misses” while distracted. They argue that once a truck driver has shown that he or she is prone to distracted driving, he or she should be taken off the road. Others argue for better education campaigns to teach all drivers about the dangers of distracted driving. Some industry experts also recommend adding devices into the cab of trucks – devices such as cameras – which would help investigators and carriers evaluate truck drivers’ levels of performance and distraction.

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Renting a Moving Truck? Here’s What You Need to Know About Florida Truck Accidents

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

Many rental agencies rent out large trucks for do-it-yourself moves. If you are trying to save money, this can seem like a great alternative to the costs of hiring professional movers. However, this sort of move can also lead to a Florida truck accident. To stay safe, follow these tips:

1) Get the moving van inspected and get some training. Many moving truck rental have poor reputations for failing to maintain their fleets. You can read about company safety records online, but it is a good idea to get the truck inspected before you pack it, just in case. You may also want to get at least an hour or two of training with an instructor to get familiar with the truck. Many driving training schools can offer you two hours of training for less than $50, which will not add to moving costs substantially.

2) Keep a log of your hours on the road and your rests. If you are renting a very large moving truck, you may be required to maintain a log of time traveled, distance traveled, and any rest stops taken. If you are required to keep such records, keep them carefully; you could face serious legal problems if you fail to keep these records.

3) Get the right truck for your weight of cargo – and stop at weight stations as needed. Overloading a truck because you don’t want to go into the next larger truck size can mean that your moving truck is more prone to rollovers, tire blowouts and even brake problems. Most truck rental companies will help you estimate how much truck you need. If you need a very large truck, make sure that you stop at weight stations, as you are required to do by law.

4) Secure your cargo carefully. Pack your belongings carefully any use plenty of tie-downs to keep them secure in the truck. If your cargo moves or shifts as you drive, you will have a harder time controlling the truck and you will increase your chances of being in a Florida car accident.

5) Consider alternatives. If you need to move many items and will require a very large truck, think twice. Very large trucks are hard to maneuver and are not really intended to be driven by passenger car drivers with no truck driving experience. There are many low-cost alternatives. For example, you can rent the low-cost truck yourself and hire a professional driver to drive it for you. You can also combine moving costs with another family headed for the same destination. Another option is to take advantage of one of the DIY packing companies. The company will drop off a large freight container at your home, which you can pack at your leisure. A professional truck driver will then drive the container to your destination.

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Driver Fatigue and Florida Truck Accidents

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

In June 2009, a Miami truck driver who was fatigued caused a severe truck accidents that resulted in a multiple-vehicle pileup, ten deaths, and six injuries. The National Transportation Safety Board (NTSB) determined that the accident was caused by fatigued driving, with the driver suffering from mild sleep apnea as well as “circadian disruption” caused by the driver’s shift schedule.

Unfortunately, the incident was not isolated. Every year, Florida truck accidents as well as car and truck accidents across the entire country, are caused by fatigued drivers. According to Deborah A.P. Hersman, chairman of the NTSB, the 2009 crash shows that three new federal rules are needed to help prevent these types of truck accidents:

1) A fatigue management system. According to the NTSB, such a system would include set scheduling practices, attendance rules, education of truck drivers and the public about warning signs, medical screening and treatment for sleep apnea and other sleep-related conditions, the creation of rest environments for drivers, and new commuting policies. This comprehensive system would address some of the more common causes for driver fatigue.

2) Event recorders. The NTSB has also recommended recorders such as video cameras in cabs. While these might not help prevent accidents, the NTSB notes that such devices would help investigate accidents. The NTSB also believes that event recorders would help carriers evaluate driver performance and this might ostensibly help prevent Florida trucking accidents as well as accidents across the country.

3) A collision warning system. Airplanes in Florida use Traffic Alert and Collision Avoidance Systems (TCAS) to help prevent Florida aviation accidents and the NTSB believes that similar technology can help prevent truck accidents. The systems work by providing auditory warning signals when other vehicles are close.

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