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

Companies Work to Prevent Florida Truck Accidents Caused by Distracted Driving

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

Many states have now passed laws which ban texting and cell phone use while driving. Despite repeated efforts by legislators, Florida remains one of the few states that does not ban these dangerous driving behaviors, even though distracted driving has been linked to high instances of traffic accidents. However, public pressure has made texting or phoning while driving less socially acceptable. As well, a number of companies are stepping up to ban texting and driving among employees.

The Walt Disney Company, for example, banned its employees from texting and driving last November. Whenever an employee is on the clock, driving a Disney truck, or driving their own vehicle, that employee cannot text and drive. Employees caught violating the ban are subject to fines and may even be fired for non-compliance. Other Florida companies are expected to follow suit with similar bans.

In 2010, the trucking industry also placed a federal ban on texting and driving for all bus drivers and commercial truck drivers. Any truck driver or bus driver caught texting and driving anywhere in Florida or across the country may face criminal penalties and civil penalties. They are also liable to lose their jobs. Many trucking companies have also created strict rules against distracted driving for their truck drivers, above and beyond federal regulations.

According to the Strength in Numbers Fleet Benchmarking Study, trucking companies with strict distracted driving bans and severe penalties for non-compliance had lower rates of trucking accidents. Of the top eight trucking companies out of a total of 45 in the survey, six allowed a driver to be fired if caught texting and driving. The bottom 14 companies – the companies with the laxest rules and the highest accident rates – did not have such policies in place.

It is just common sense that companies are placing bans on distracted driving in Florida, even though there is no official ban in place in the state. Companies may be held liable in cases where a distracted driver causes a Florida pedestrian accident or traffic accident while driving and texting on company time. When a company institutes an internal ban, it is showing a commitment to preventing accidents. In the event of an accident, liability may rest more heavily with the truck driver if he or she violated a company ban.

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Could Trailers on Tractors Be Causing Many Florida Truck Accidents?

Published on: December 29, 2010 | By Flaxman Law Group

According to advocacy groups such as DangerousTrailers.org, a major cause of truck accidents is trailer defects. These organizations claim that trailers pose problems for many reasons:

1) There is too little education in teaching drivers how to hook up and load trailers properly. When trailers are incorrectly loaded and attached, they are more likely to cause Florida car accidents and truck accidents, because the trailer can easily become detached, move into other lanes of traffic, or even slide forward and back, causing the driver to lose control.

2) The manufacturers of trailers have voluntary standards rather than set standards. Groups such as DangerousTrailers.org want to see firm legislation that would set federal or at least state standards for trailer design and manufacture, ensuring that all trailers on the roads are safe. They feel that such laws could prevent Florida truck accidents and traffic accidents across the country.

3) Large organizations put unsafe trailers out on the road and don’t want to change. According to groups like DangerousTrailers.org, companies that rent trailers sometimes have poor safety records but don’t want to put in the money required to fix their fleets. They therefore resist any further legislation that would make them accountable for the truck accidents their fleets cause.

4) Trailers can be homemade. In many states, it is legal to make your own trailer (according to voluntary standards) and then register it at the DMV. In fact, according to DangerousTrailers.org and other advocacy groups, these laws have created a brisk trade in stolen trailers. Thieves steal trailers, remove the VIN numbers and sell or register the trailers as “homemade.” Obviously, with any homemade vehicle, issues of safety and safety standards are a concern.

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Dealing With Common Florida Truck Accident Situations

Published on: December 24, 2010 | By Flaxman Law Group

After a Florida car accident involving a truck, many injured passengers and drivers are understandably confused and stressed. In many cases, Florida truck accidents lead to fatalities and serious injuries. After a truck accident, you may also find yourself in many situations which are unfamiliar:

The Situation: Someone pressures you to sign a document, implying that you will lose your right to recover money if you don’t sign right away.
The Solution: It is vital to never sign a document without reading it very carefully and discussing it with a qualified attorney. While someone may claim that you will lose your rights by not signing, all too often the opposite is true: Florida personal injury patients sometimes find that the documents they have been pressured into signing have in fact signed away many of their rights.

The Situation: You are in an accident with a truck driver, but the driver does not want to exchange information, saying “it’s just a scratch.”
The Solution: This is another dangerous situation in which you may end up losing your rights. It is vital to exchange contact information with a driver, even in the rare event that it appears that your Florida truck accident was in fact really minor. Without exchanging contact information, you have no way of filing a claim if you find out later that the accident was more serious than it initially appeared. As well, if you don’t exchange information, you have no way of claiming that you didn’t simply leave the scene of the accident.

The Situation: You are in a hit and run accident with a truck.
The Solution: This can be a very frightening situation. Contact 911 at once to get medical assistance and to report the crime. If you notice anything distinctive about the truck, such as a registration number, write it down as soon as you can. This information can help police and investigators find the driver.

The Situation: You see a commercial truck weaving on the road.
The Solution: Contact authorities at once. A truck driving by a potentially ill, intoxicated, or fatigued driver is an immediate threat to anyone on the road. By reporting the registration number and location of the truck, you may be able to help prevent a Florida drunk driving accident.

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Prevent Florida Truck Accidents by Giving Tractor-Trailers Plenty of Room

Published on: December 22, 2010 | By Flaxman Law Group

Many Florida car accidents involving trucks occur simply because a motorist failed to provide enough room for a truck. Trucks need more room to maneuver because they turn wide and because they take longer to stop. While many drivers know that they need to give trucks more room, however, they do not always realize exactly how to provide a safe amount of room.

For example, many people assume that being behind a tractor-trailer is risky and therefore try to pass the truck. In fact, this is not always the case. As long as a driver leaves plenty of room behind the truck, experts say, being behind the truck may actually be safer. If a car is traveling in front of a truck and needs to stop suddenly, the truck behind the car may simply not have enough time to stop, causing a read-end collision.

The very process of passing a truck to get in front of it can be more dangerous than simply dropping back and following behind a tractor-trailer. In fact, many Florida truck accidents occur when a car attempts to pass a truck. In order to pass a truck, you must often speed up considerably in order to pass, and this alone may be dangerous. As well, you must pass the truck’s blind spots in order to pass, which means that for some time while you are passing, the truck driver will not be able to see you.

Finally, many experts believe that in Florida truck accidents caused by passing, a driver often passes a truck incorrectly. The most common mistake, according to experts, is pulling out too quickly in front of a truck after passing. The U.S. Department of Transportation reports that a tractor-trailer traveling at 55 miles per hour has an average stopping distance of 196 feet, compared to 133 feet for a standard car. When a car pulls out in front of a truck too quickly, the truck may not be able to stop in time to prevent an accident.

Of course, there are times when you will need to pass a truck. If a truck is traveling slower than you are or if a truck is driving in bad weather and flinging precipitation onto your windshield, you will want to pass. To prevent a Florida truck accident, pass when it is safe to do so and when the truck is traveling at a slow enough pace so that you can pass without speeding considerably. Pass quickly, without staying in the truck’s blind spots. When you pass the truck, wait for some distance before pulling in front of the truck. Give yourself considerably more space than you would with a car.

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The Holidays Mean More Trucks on the Road – Are You Ready?

Published on: December 20, 2010 | By Flaxman Law Group

During the holiday season, there are more trucks on Florida roads, which can increase the risk of Florida truck accidents. Many companies hire extra truck drivers or truck companies in order to deliver holiday products for the holiday rush. As well, more customers at this time of year are ordering special services, such as delivery and courier services, putting even more trucks on the road. A Florida car accident involving a truck is likely to be a fatal accident. To protect yourself and your loved ones, there are several things you can do:

1) Keep your vehicle in good shape. Have your car regularly serviced, and make sure that your breaks, shocks, tires, and other vehicle systems are in good shape. When your car is in good operational order, it responds better. Those few extra seconds this can buy could save your life.

2) Keep yourself driver-ready. Your car is not the only thing that can decide on a Florida car accident. If you are driving while fatigued or after drinking, your response times may be too slow to avert an accident. Get plenty of rest and never drink and drive. If you are sick, avoid driving, especially if you are taking medications which may make you drowsy.

3) Make sure that everyone in your family knows the dangers of trucks. All drivers in your family should know the basics of sharing the road with trucks. Review the basic rules – such as giving trucks plenty of room and staying out of blind spots – especially with any new drivers in your home.

4) Keep the pedestrians in your home safe. Florida pedestrian accidents involving trucks are devastating, so it is important to help your children see the dangers of trucks early on. During the holiday season, courier and delivery trucks often arrive on residential streets. Encourage children to play indoors or in fenced yard areas. Teach children not to go near trucks – even parked ones. Drivers may not see children in their blind spots and children may simply be too curious about a truck to keep in mind where a truck’s blind spots are.

5) Report any dangerous driving you see. If you see a truck driver driving erratically, note the registration number. When it is safe to do so, report the incident. Getting bad truck drivers off the roads leaves more room for safe truck drivers to share the road with other motorists.

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Off-Road Florida Truck Accidents

Published on: December 17, 2010 | By Flaxman Law Group

While commercial Florida truck accidents grab a lot of headlines, there is a disturbing trend when it comes to traffic accidents in the states. More and more people are taking their personal trucks off the road for recreational purposes. This type of driving has a whole new set of risk factors and dangers which can lead to accidents. Trucks such as Hummers, trail-ready 4×4 trucks, and other trucks marketed for off-road recreation provide a new sense of freedom, but experts note that these trucks also mean plenty of new dangers. Drivers interested in off-road truck driving need to:

1) Drive within their ability. Driving on hard-packed sand, soft sand, mud, and hilly areas requires very different skill sets than driving on city streets. Drivers should begin on simple trails and proceed with their ability. Driving slow is also important, as it allows drivers to adjust to new conditions.

2) Keep an eye out ahead. Unlike city driving, off-roading comes with many more surprises. Sudden obstacles, changes in terrain and other hazards can easily lead to a collision or a rollover. If possible, drivers should walk through a terrain before driving it or should at least scan the road well ahead and proceed carefully and slowly.

3) Drive straight down steep areas. Any diagonal driving is likely to result in a rollover. If you are driving off-camber, slow down and keep your tires in the tracks. If you start to slide to the side, stop if you are going off the track. If you cannot prevent a rollover, turn the vehicle into the slide. Grip your seat bottom if you can.

4) Adjust tire pressure. If you are driving on sand and gravel, reduce pressure to between 18 and 20 psi. Check your manufacturer’s label and owner’s manual for the specific tire pressure for the conditions you will be facing.
5) Learn to approach obstacles. If you need to drive over a log, large rock, or ditch, drive slowly and ensure that you drive over the obstacle one wheel at a time. Usually, this will mean that you need to approach the obstacle at an angle. This can help ensure that you do not get stuck with two tires over the obstacle and the other two caught.

6) Pay close attention to your tires. Tires designed specifically for off-roading are important, but maintaining your tires correctly is equally so. Pay attention to tire recalls and known tire defects. Replace your tires if they get worn or damaged in any way. Good tires are what help you control your truck when you go off-road.

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What To Do After a Florida Truck Accident

Published on: December 15, 2010 | By Flaxman Law Group

No one wants to believe or consider that they may be in a Florida car accident or truck accident. Statistically, however, anyone who drives a car is likely to be in a traffic accident at some point. While a collision is terrifying, it is important to stay focused and to do the right things in order to ensure that you are fully protected under the law. If you have been in a Florida truck accidents, you need to make sure that you:

1) Get medical help. Call for help at once, even if you are not sure that you are injured. Many people face serious complications or even die because they fail to seek help in time. Some symptoms do not manifest right away. Some Florida brain injury patients, for example, report symptoms hours after an initial impact. Getting medical help for everyone involved can help save a life.

2) Do not sign anything without an attorney. You may be pressured to sign documents from an insurance company or from a truck company’s attorney. No matter what you are told, do not sign without qualified legal advice. At the very least, you deserve to know exactly what you are signing – and that means working with an attorney who has your interests in mind. Signing can mean signing your rights away.

3) Contact authorities at once. A police report can help you support your version of events and can help ensure that your accident is investigated. Most Florida truck accidents are serious, and you need to alert the authorities. Get a copy of the police report if you can or at least get the name of the police officer and other emergency personnel on the scene so that your attorney can get copies of any pertinent documentation.

4) As soon as it is safe to do so, collect evidence. Get the truck driver’s name, contact information, truck registration number, and the name of the carrier. Take video or photos of the accident scene and the vehicles involved. Keep your car – even if it is totaled. Keep copies of medical records and take photos of any injuries. The more evidence you have, the more evidence you have for your attorney.

5) Work with a qualified Florida truck accident attorney. Even if you think that your insurance company (or the truck company’s insurance carrier) will take care of you, get the advice of an attorney. Insurance companies are in business to make money – never forget that. In many cases, insurance companies do not consider all the associated costs of an accident or do not consider long-term costs, leaving you with thousands of dollars in out-of-pocket expenses. A good attorney can help you uncover the true expenses of your accident and can help you negotiate for a fair recovery.

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Driver Fatigue and Florida Truck Accidents

Published on: December 12, 2010 | By Flaxman Law Group

According to at least two studies conducted by the National Transportation Safety Board, in 30 to 40% of severe truck accidents, driver fatigue plays a major role. Each year, motorists, pedestrians, and innocent bystanders lose their lives or suffer severe injuries when truck drivers fail to get adequate rest. Fatigue causes many Florida truck accidents and ruins many lives, and it is a very preventable problem.

Fatigued driving in the truck industry is common. Truck drivers often need to drive for long distances in order to meet delivery deadlines. In some cases, truck drivers get paid extra for delivering more in a shorter period of time, providing a financial incentive to drive tired. Truck drivers often need to sleep in their cabs or on the road, which does not always result in a comfortable sleep. In some cases, stress, poor sleep quality, or even medical conditions cause poor sleep which can lead to fatigue.

Fatigued driving is a major hazard that causes many Florida pedestrian accidents and truck accidents each year. No matter how many coffees a truck driver has or how much training and experience a driver has, fatigued driving will always lead to accidents. In fact, studies have shown that fatigued driving can be just as dangerous as drunk driving – and for much of the same reasons. Tired drivers have slower reaction times and worse judgment. Worse, fatigued drivers can doze off at the wheel, causing a collision.

Even before drivers fall asleep at the wheel, they actually drive asleep for short bursts of time as the body has a defensive mechanism when it is very tired. When the body is deprived of sleep, it actually compels itself to shut down for very brief periods – sometimes a fraction of a second or a few seconds – in order to rest. The body requires sleep to rebuild cells and in order to repair stresses to the body. When the body cannot do this through a good night’s sleep, it does so by forcing mini-sleeps. Unfortunately, even a few seconds of micro-sleep can easily lead to a Florida car accident. A truck driver who falls asleep for even a fraction of a second can travel several feet – more than enough space for a serious accident.

For attorneys, proving fatigued driving caused an accident is often very difficult. While there are blood tests to prove when a Florida drunk driving accident has taken place, there are few reliable tests for fatigue. Truck drivers are required by federal law to keep a log book which shows that they get the proper amount of rest which is required by law. Attorneys in a truck accident case can subpoena the logbook, fuel receipts, bills of lading, Global Positioning System data, and other material from the truck driver and the truck company. These can help prove when a driver has failed to follow rules about adequate rest. New electronic technology has been developed which could help truck drivers and attorneys keep better and more accurate records of rest stops and rest periods. However, this technology is very controversial.

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Tire Defects and Problems Lead to Many Florida Truck Accidents

Published on: December 10, 2010 | By Flaxman Law Group

Many Florida truck accidents involving commercial trucks take place because of tire defects and tire blowouts. Unfortunately, Florida tire defects are all too common and in many cases, poor maintenance and too-heavy loads just contribute to tire problems and potential accidents. According to experts, there are many things that truck drivers and carriers can do to maintain tires correctly, helping to prevent Florida car accidents involving trucks:

1) Frequently check air pressure in tries. Truck drivers should be equipped with a accurate pressure gauge and should be required to check correct air pressure in tires at least every other day. The correct air pressure should be listed in the owner’s manual or the load and tire information for the truck.

2) Frequently conduct visual inspection of tires. Before getting into the truck, drivers should walk around and inspect each tire. Signs of wear, especially irregular wear, can mean a tire blowout. Drivers should also check for bumps or bubbles on the tire. These can be caused by foreign objects or air infiltration and may cause the tire to fail on the road.

3) Check to make sure that the truck is not overburdened with a too-heavy load. Exceeding load capacity places excessive pressure on the tires, and can easily cause a truck tire blowout, rollover, or another accident. Both carriers and drivers have a responsibility to ensure that trucks are correctly loaded. Too heavy loads and incorrect air pressure combined make an especially dangerous mix.

4) Avoid applying heat near the tires. This can weaken the tires and cause them to fail in operation. Often, excessive heat is a problem when tires are mounted. It is important that tires are mounted away from a heat source. If something on the truck needs to be welded, the welding should be done well clear of the tires. Heat damage can cause tires to explode, resulting in Florida truck accidents, burn injuries, and even fatalities.

5) Store tires correctly. If tires need to be stored, they should be stored in a dry, cool, dark place. Heat and sunlight can damage tires. It is also important not to store tires for too long. The rubber in tires deteriorates with time, even when the tires are not in use, so older tires can be a danger.

6) Ensure that all trucks on a tire are the same. Combining different tread depths or different types of tires on the same truck can cause instability, increasing the risk of a rollover or another accident.

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Could Time Changes Affect Florida Truck Accident Rates?

Published on: December 8, 2010 | By Flaxman Law Group

Twice a year, we change our clocks to adjust for daylight saving time. Daylight savings time ends in the fall and begins again in the spring. There are two important things we can do when we change our clocks to make life a little safer: change the batteries in our smoke detectors and drive more carefully. Changing the batteries in your carbon monoxide detectors and smoke alarms ensures that these devices are working correctly and are there to protect you from Florida burn injuries or carbon monoxide poisoning.

Some experts believe that daylight savings time changes also require us to be more careful on the roads. There is a suggestion that Florida truck accidents, car accidents, and pedestrian accidents increase in November and in the Spring, when the time changes. Time change can affect our sleep patterns. In November as well, school closures, holiday shopping, holiday events, and weather can also contribute to Florida pedestrian accidents and truck accidents.

The National Highways Traffic Safety Administration (NHTSA) reports that 59 000 individuals were injured in car accidents nationwide in 2009. Another 4 092 pedestrians that same year sustained fatal injuries. According to the NHTSA, most traffic accidents take place between 4 pm and 8 pm and also between 4 am and 8 am. According to the NHTSA, changes daylight, time changes, and distracted driving all contribute to these injuries and fatalities.

The NHTSA has several tips that can help us all prevent Florida truck accidents and traffic accidents during the winter months:

1) Pedestrians and bicyclists should wear reflective clothing and carry flashlights or use bicycle lights to ensure that drivers can see them correctly. Pedestrians and bicyclists should also not wear headphones, especially during the evenings. Headphones are a distraction and can prevent a pedestrian or cyclists from hearing warning horns and other audio clues.

2) Drivers should check tires, lights, windows, and mirrors before each drive. Lights, mirrors, and windows are especially vital when driving late at night in ensuring good visibility. Passenger vehicles especially need to consider good visibility when sharing the road with trucks, which have many blind spots.

3) Pedestrians should remain alert and rely not just on traffic signals when crossing streets. Where possible, walk on streets. If you are walking in a rural area and must walk along the shoulder of the road, avoid walking in the dark and make sure to walk facing traffic. Avoid crossing without traffic lights and crossing from between parked cars. Truck drivers do not expect pedestrians outside of crosswalks and may not be able to step in time to avoid an accident.

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