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

Preventing Florida Truck Accidents: What to Do When You See an Unsafe Florida Truck Driver

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

If you are sharing the road with trucks as a motorist, there are times when you may see unsafe drivers on the road operating large commercial trucks. Unsafe drivers can cause serious Florida truck accidents, but if you notice a driver who does not appear to be safe, there are several things you can do:

1) Learn to recognize the signs of an unsafe driver. Unsafe truck drivers speed, drive erratically, weave, or gesture and yell aggressively. They may drive past red lights or otherwise ignore traffic signals and signs or may make obvious mistakes on the road.

2) Get out of the way. Your first priority is to stay safe. That means remaining calm and getting plenty of distance from the truck. Avoid engaging the driver in any yelling or shouting or exchange of gestures; that can make an aggressive driver even more aggressive.

3) Get the details. If you have a passenger in the car with you, ask them to take down the details of the truck, such as the license plate number, any identifying details, the time and location, and a description of the truck driver. Do not get too close to the truck to get these details – they are not worth an accident. If there is no one in the car with you, pull over to write down the details.

4) Call police. If the driver is in imminent danger of causing an accident or if you believe that the driver is drunk, call police immediately; you may be helping to stop a Florida drunk driving accident. Reporting a dangerous driver can help ensure that others are not harmed by his or her recklessness.

5) Report the driver to the FMCSA. There are rules in place to keep unsafe drivers off the roads. You can call the Safety Violation Hotline, created by The Federal Motor Carrier Safety Administration (FMCSA), to report unsafe bus and truck drivers. The number is 1-888-368-7238. Many trucks also have the phone numbers of their carriers listed right on the truck. You can call the carrier to report an unsafe driver as well.

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Load Problems Can Lead to 18-Wheeler Truck Accidents in Florida

Published on: May 16, 2011 | By Flaxman Law Group

In 2009, there were 3,163 people killed in truck accidents across the country. Overwhelmingly, the victims were either pedestrians or other motorists. Passengers of passenger vehicles accounted for 70% of these deaths and bicyclists, motorists, and pedestrians accounted for 14% of these fatalities. Load problems – including loads that shift inside the truck or fall out of the truck – are a leading cause of truck accidents in Florida and across the country.

When loads are not secured or are too large or heavy for a truck, the truck is at a greater risk of rollovers. Too-large loads also put undue stress on the vehicle’s brakes and tires, making tire blowouts and even brake failure more likely. A truck that has a too-heavy load or a load that is not correctly secured is more difficult for the driver to control and is therefore more likely to be in an accident. A regular commercial truck, for example, takes 40% more time to stop than a passenger car. When a truck is overburdened, it can take even longer to stop, making accidents harder to avoid.

There are several laws designed to help prevent Florida truck accidents caused by load issues. In 2002, for example, the Federal Motor Carrier Safety Administration (FMCSA) created new rules about securing loads. New rules require trucks to secure cargo in such a way that it does not shift so that it impedes the normal operation of the vehicle. When traveling on public roads, commercial trucks are also required to secure their cargo and loads so that the cargo does not fall, spill, or blow from the truck.

In addition, there are rules in place about the minimum number of tie-downs required to secure a cargo. These rules require that cargos which are no more than 1100 lb and 5 feet or less in length have at least one tie-down. Items up to ten feet require a minimum of two.

Commercial trucks are subject to strict weight limits and weigh stations across the US and Canada require all large trucks to stop and get weighed. Trucks above safe weight limits are subject to fines. As well, trucks carrying unsafe or dangerous cargo are subject to special requirements and limitations. In addition, in cases where a truck carrying a load or cargo that has been unsafely secured causes an accident, victims have the right to pursue legal action against the carrier, and even the driver of the vehicle.

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How Rudeness Can Lead to Florida Trucking Accidents

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

Rudeness is usually seen as a social fault, and certainly not as something potentially fatal. However, on the road, rudeness can actually cause dangerous situations which lead to Florida car accidents and truck accidents. Rude behavior that can be downright dangerous includes:

1) Cutting trucks off. Cutting off a commercial truck is rude to the truck driver – but it can also be deadly for the passenger car driver. Trucks take a longer time to stop than smaller vehicles, so a truck that is cut off may not have enough time to stop. When passing a truck, give yourself plenty of room before you cut back in. This is especially true if you are on an incline, where a larger and heavier truck will be picking up speed.

2) Road rage. Road rage is never polite – the screaming, swearing, and rude gestures are never appropriate. However, in a confrontation with a truck driver, such behavior can be downright deadly. Road rage can distract a truck driver, causing an accident. It can also distract you, causing you to make a deadly mistake.

3) Aggressive driving. Speeding, swerving, cutting other drivers off, and otherwise driving aggressively makes other drivers angry because it is rude. Driving aggressively around trucks, however, is dangerous because aggressive driving often involves erratic and impulsive maneuvers – maneuvers that truck drivers cannot anticipate in time.

4) Tailgating. Tailgating is always considered aggressive and rude. With a truck, it can lead to a car accident, since truck drivers cannot see directly behind them due to blind spots. If you are following too close to a truck, you likely cannot see the truck driver in the truck’s mirrors, and that means that the truck driver cannot see you.

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Hazards that Lead to Florida Truck Accidents

Published on: May 11, 2011 | By Flaxman Law Group

Many Florida truck accidents are caused by hazards on the road that are not recognized in time. In the trucking industry, hazards are defined as any situations or obstacles which could impede safe driving. When those hazards create the need for sudden action, they are defined as emergencies. Therefore, a car weaving up ahead may be a hazard for a truck driver, while a car cutting off a truck is generally an emergency as the truck driver may need to brake or swerve out of the way to avoid an accident.

Hazards are important in preventing truck accidents. Since trucks are larger and have slower response times than passenger cars, it is vital for truck drivers to anticipate hazards well in advance and respond accordingly. When truck drivers wait for hazards to become emergencies, they may simply not be able to respond in time to avoid a collision. Common hazards which truck drivers need to be aware of include:

1) Dangerous weather conditions. Conditions such as fog, strong winds, rain, and nighttime can affect visibility and can make road surfaces slippery. Strong winds can easily cause an emergency by blowing objects onto the road surface.

2) Dangerous road conditions. Obstacles on the road, poor paving, road work, and other hazards often pose a greater danger for passenger vehicles, as they often feel bumps and poor road surfaces more than larger trucks. Nevertheless, road conditions can cause trucks to lose control or rollover.

3) Other drivers. Aggressive or dangerous driving, speeding, fatigued drivers, and drunk drivers share the road with trucks each day. Truck drivers need to be aware of the red flag signs of dangerous drivers and need to be able to get out of the way in time.

4) Disabled cars, stopped buses, and stopped trucks. Cars left on the road – especially without emergency flashers – can be a severe hazard for truck drivers, who may not be able to stop in time to avoid a collision unless they anticipate the hazard well in advance. A similar hazard are trucks and buses, which make frequent stops and may take up much of lane of traffic.

5) Pedestrians, workers, bicyclists, and motorcyclists. Anyone on the road who is walking or riding a bike is harder to spot for a truck driver, especially at night. As well, pedestrians and bikers may be in spots where truck drivers do not expect them – such as weaving around traffic.

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Florida Truck Accidents and Mexico

Published on: May 9, 2011 | By Flaxman Law Group

Over the past few years, there have been concerns and debates about the possibility of allowing Mexican commercial five axle tractor-trailer trucks on US roads. Some people have claimed that allowing these trucks on the roads of the US will result in more truck accidents and car accidents in Florida and in every other state. Among the concerns raised are:

1) Differing regulations. There are federal rules which place severe restrictions on US truck carriers and truck drivers. Load limits, safety inspections, hours of service regulations, licensing and training standards, and other rules have been developed over time to ensure that the roads are as safe as possible. Mexico is a different country with different laws and therefore there is a concern that the laws which keep US trucks safer will simply not be in place in trucks from a different country.

2) Safety issues. There are concerns about whether trucks from another country will meet the same safety standards as domestic trucks.

3) Legal issues. Currently, any truck accident involving a commercial truck is tricky to litigate. Insurance carriers, truck companies, driver unions and other stakeholders get involved and there are many legal issues at play. Some Florida truck accident victims wait months or even years for their cases to work their way through the courts. There is a concern that cases involving Mexican trucks and truck drivers would be even harder to litigate, due to extradition problems, different laws, and the high risk of flight for suspected non-domestic drivers.

4) Regulatory problems. When a truck is deemed not fit for the road in the US, there are a number of authorities who can step in to take the truck off the road. However, there are concerns that trucks from Mexico driving on US roads would be harder to regulate. Would carriers from another country obey US standards and regulations different than their own? Would local authorities be able to exert authority over driver and truck companies from a different country?

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Insurance Companies Hire Private Investigators After Florida Truck Accidents

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

After a Florida car accident or truck accident, many drivers assume that they are covered by insurance and that the insurance carrier they have been paying premiums to all along will help them. Many Florida truck accident victims are surprised to find, however, that insurance companies actually often launch private investigations on the victims in traffic accidents. These insurance companies are looking for several things:

1) Mitigating factors and other liable parties. Insurance companies would not make money if they paid out the full possible claim amount to every claimant. Therefore, many companies look for other possible liable parties – such as road conditions or even the victim.

2) Evidence of insurance fraud. Insurance fraud is a serious problem and unfortunately, it can mean that the industry sometimes suspects legitimate claimants. Some injury victims find themselves under surveillance by private investigators as insurance companies try to determine whether a claimant is faking or exaggerating an injury.

3) More information about the accident. Insurance companies, like police and other investigators, work hard to determine the cause of an accident. Unlike other investigators, however, private investigators hired by insurance companies are paid to find information which is advantageous to the insurer.

4) The cost of damages. One of the tasks of the insurance company is to determine the value of a claim – the amount that will be paid out to the victims in an accident. In many cases, however, these initial amounts cover only the bare necessities of care. Most of the time, Florida personal injury attorneys need to work hard to ensure that a victim has all medical costs and related accident expenses covered.

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Florida Truck Accident Investigations

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

After a Florida truck accident or car accident causing an injury or fatality, investigations are usually launched to find out what happened to cause the collision. Florida car accidents involving trucks may in fact be subject to several types of accidents:

1) A police investigation. An official investigation by police will usually be launched in any case where it appears that a law was broken. Suspected cases of Florida drunk driving, suspected cases of insurance fraud, suspected cases of vehicular manslaughter, and other suspected crimes will be carefully investigated by detectives. In many cases, if you are in an accident and decide to pursue legal action you can get a copy of this police investigation or report.

2) A private investigation. If you decide to hire a personal injury attorney after your Florida truck accident, your attorney may decide to launch a private investigation. The attorney will typically work with private investigators or accident reconstruction professionals to find evidence to support your legal action and to find any liable parties in the case.

3) An insurance investigation. In many cases, insurance carriers launch their own investigations, also using private investigators. The aim of insurance companies is to find out whether anyone other than their client was liable. Therefore, if you are in a car accident with a truck, the truck’s insurance carrier will typically try to find evidence to protect the truck carrier and truck driver. This is one reason why it is important to hire a Florida personal injury attorney to protect your interests.

4) An industry investigation. In cases where a truck driver may have committed a crime and may be subject to disciplinary action, the truck carrier or truck driver union may launch their own investigation. This sort of investigation may also be initiated in any serious accident which may result in serious legal action for the truck driver or carrier. Again, these investigations are not deigned to protect you or your rights, which is why it is important to have your own Florida attorney conducting a separate investigation.

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What Can Cause Florida Truck Accidents Involving Tractor Trailers?

Published on: May 2, 2011 | By Flaxman Law Group

Florida truck accidents often involve larger, commercial trucks. According to a 2007 Federal Motor Carrier Safety Administration report, tractor trailers and other large trucks cause accidents because of a number of common reasons:

1) Drug use. According to the Federal Motor Carrier Safety Administration report, more than a quarter of crashes involving commercial trucks involved a banned substance or prescription drugs, which affect driver response times. About 18 percent of accidents were caused by prescription drugs specifically. According to the report, drug use was the most common cause of tractor trailer accidents.

2) Excessive speed. The Federal Motor Carrier Safety Administration report found that speed was a factor in 26 percent of the crashes studied. When truck drivers travel at high speeds, there is virtually no way for them to stop in time to prevent an accident.

3) Lack of familiarity with route. Truck drivers who drive along familiar travel routes are less likely to be in a collision than drivers in an unfamiliar area. Unfortunately, commercial truck drivers are routinely asked to make deliveries to new areas. According to the Federal Motor Carrier Safety Administration report, this factor contributed to 22 percent of accidents.

4) Blind spots. Truck drivers have many more blind spots than the drivers of passenger vehicles. In training, truck drivers are carefully instructed to check blind spots before making any maneuvers. Despite this, the Federal Motor Carrier Safety Administration reported that 14 percent of collisions were caused by a truck driver’s failure to check blind spots.

5) Driver fatigue. There are hours of service regulations to ensure that truck drivers get adequate sleep. As well, truck drivers are supposed to be screened carefully for any illnesses – such as sleep apnea – that can lead to car accidents. Despite this, 13 percent of truck accidents studied in the Federal Motor Carrier Safety Administration report were caused by driver fatigue.

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Truck Weight Regulations and Florida Truck Accidents

Published on: April 29, 2011 | By Flaxman Law Group

One of the reasons why trucks are so dangerous and contribute to so many Florida car accidents each year is the sheer weight of the vehicles. The large size and weight of commercial trucks such as tractor trailers or semi trucks makes these vehicles unwieldy and slow to respond on the road. In the case of an accident, even small mistakes can lead to serious injuries. As well, drivers of these vehicles are often limited in their ability to drive defensively; since commercial trucks respond far more slowly than passenger vehicles, it is harder to avoid an accident.

Congress passed laws in 1973 to make trucks safer and to reduce the risks of truck accidents. One of the laws restricted the size and weight of loads. For travel in between states, load weights were limited to 40 tons (80 000 pounds). However, overweight permits and oversize permits are available to permit larger trucks on the road in certain circumstances. As well, the weight limits for steer axles are 12 000 pounds while the limits of dual axles are 34 000 pounds and the limit on single axles is 20 000 pounds.

There are federal limits which limit the size as well as the weight of trucks. On all federal highways, trucks can tow 2 trailers of 28 feet or one trailer of 48-feet. Trucks must be no wider than 102 inches on these roads.

States have their own rules and limits on truck weights, as well. Some states, for example, impose seasonal weight limits. Michigan is one such state. Other states allow some oversize trucks or overweight loads, as long as truck carriers meet specific safety requirements.

The reason for these federal and state weight limits is simple. The heavier a truck is, the greater a danger it is on the road. This is because in a truck accident a heavier truck creates a greater impact upon collision and is therefore more likely to cause serious damage and possible fatalities. As well, heavier trucks are more likely to rollover and are more difficult to manage, making it more likely that even an experienced truck driver will be in an accident. Finally, heavier trucks cause more wear on tires and brakes, making it more likely that these systems will fail prematurely.

To enforce federal and state weight limits, there are weight stations in every state. Trucks are supposed to automatically stop at these stations when the stations are open to allow authorities to check for weight violations. Unfortunately, some trucks continue to flout the rules and avoid the weight stations, creating unnecessary danger on the roads.

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Why Are Trucks So Dangerous?

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

Many experts agree that large commercial trucks are the most dangerous vehicles on the road. These vehicles cause many Florida truck accidents every year. There are many things that make them so dangerous:

1) Their size. Trucks are very large and this means that they can block visibility on the road. Driving behind a truck in a passenger vehicle means that you cannot see well ahead of you or anticipate dangers on the road. The size of trucks also makes them deadly in an accident, as they can easily crush smaller vehicles – and the passengers inside them.

2) Their weight. Fully loaded commercial trucks can weigh tens of thousands of pounds. This makes them dangerous as it causes them to accelerate down hills and increases the risk of Florida rollover accidents. The heavy weight of trucks also means that in an accident they can easily crush smaller cars.

3) The limited visibility. Trucks have multiple blind spots. This means that drivers are not able to see and anticipate cars around them. The multiple blind spots on trucks makes it especially important that other drivers maintain a safe distance from these large vehicles.

4) Their slow response times. Due to their size and weight, trucks take longer to get up speed and take much longer than passenger vehicles to slow down and brake. This means that they often cannot act quickly enough in time to prevent a Florida car accident, making it crucial that other drivers leave adequate distance in front of trucks.

5) Their loads. Many trucks carry dangerous loads, including hazardous materials, flammable substances, and toxic products. In cases where these loads spill, it can cause severe health and environmental hazards. As well, if loads are not correctly secured, shifting loads can cause rollovers and accidents.

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