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

Truckers Support Hour Limits to Prevent Florida Truck Accidents and Truck Accidents Nationwide

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

In April of this year, the Federal Motor Carrier Safety Administration (FMCSA) conducted sessions with trucking industry experts to discuss hours-of-service (HOS) rules for commercial truck drivers. The trucking industry was seeking more flexibility in the rules, which currently restrict how many hours truck drivers can drive before taking rest stops. The American Trucking Association has said that the HOS rules work in preventing Florida car accidents involving trucks and nationwide truck accidents, but the industry wants more flexibility.

Under current rules, truck drivers are to rest for eight hours out of their ten hour rest period in their truck cab. This allows drivers to rest for eight hours in their cab and drive for six hours under the current 14 hour limit for driving. Despite concerns about safety, in 2004 and 2007 courts upheld decisions which allow drivers to drive many hours consecutively. Decisions and industry practices have also reduced the amount of time that drivers have to rest.

In October 2010, the new proposals made by the trucking industry to reduce rest hours even more were rejected by the Obama administration. The decision came after heavy lobbying from Advocates for Highway and Auto Safety, Public Citizen, the Truck Safety Coalition, and the Teamsters Union.

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New Program Could Make Florida Truck Stops Safer

Published on: August 18, 2010 | By Flaxman Law Group

A new program partly funded by an EPA State Grant Program will give Florida truck stops a new look – and will possibly help to prevent Florida car accidents and truck accidents. The program is being administered by the Florida Department of Transportation (DOT) and the Florida Department of Environmental Protection (DEP) and will provide different services at some of the truck stops on the Florida Turnpike.

Specifically, the program will allow truckers to enjoy in-cab electricity in order to fuel air conditioning, heating, and gadgets in the cab when truckers stop for a rest. Currently, many truck stops require truckers to idle their engines in order to run electricity to fuel many amenities in their sleeper cabs. The current system wastes fuel and produces more exhaust. Advocates of the new program say that the program will help in many ways:

1) It will reduce fuel use of big trucks. Not only is this environmentally friendly, but it will save the trucking industry money, which could mean less pressure on truck companies to push drivers to drive longer than is safe.

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Understanding the Most Risky Roads for Florida Truck Accidents

Published on: August 16, 2010 | By Flaxman Law Group

According to the website The Daily Beast, Florida is home to the three most dangerous and deadly highways in the nation. In fact, the website ranks the I-95 as the most deadly road in the US, due to the high number of fatal Florida trucking accidents and other traffic accidents on this particular road. The Orlando Business Journal reports that Florida’s I-4 is also among the deadliest in the nation, with more fatal Florida car accidents and serious accidents than most other roads in the country.

The Daily Beast and The Orlando Business Journal compiled their data from the National Highway Traffic Safety Administration (NHTSA). According to The Daily Beast, between 2004 and 2008, the 100 days where most car accidents and truck accidents take place are in June, July, and August, making this season the most dangerous for drivers. During these three months between 2004 and 2008, 50,765 fatal traffic accidents took place. While highway fatal accidents have been decreasing nationally over the past five years, the summer months still usually bring a sharp spike in Florida truck accidents and car accidents.

The I-95 in Florida was dubbed by researchers as the deadliest highway in the nation because between 2004 and 2008, 662 fatal Florida car accidents and truck accidents took place over the 382.15 m stretch that the I-95 covers. The 132.39 mile I-4 in Florida saw 209 fatal Florida truck accidents and car accidents in the same period. The 470.88 miles of the I-75 saw 536 fatal Florida traffic accidents between 2004 and 2008.

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Investigating Florida Commercial Truck Accidents

Published on: August 13, 2010 | By Flaxman Law Group

In 1986, Congress created The Commercial Motor Vehicles Safety Act (CMVSA) to make interstate trucking safer. The CMVSA places restrictions on who can operate a commercial truck or bus, ensuring that bus or truck drivers are qualified for their jobs and therefore safer on the road. With the CMVSA, testing and licensing standards were introduced, bringing fewer Florida bus accidents and truck accidents to our streets.

While the CMVSA has helped reduce truck accidents, there are still far too many truck accidents on our roads. After a truck accident, one thing that occurs is a thorough investigation of the accident in order to determine what caused the collision. Florida truck accidents may be investigated by police, private investigators, or other groups.

An investigation will often include a look at a driver’s logs. Under Federal Motor Carrier Safety Regulations, drivers are required to record their breaks, driving time, and other information. This helps ensure that drivers take the required breaks and rests they are required to keep by law. Drivers are not allowed to destroy these logs, especially after an accident. Investigators can examine these logs to determine whether a truck driver was driving while tired.

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Can Bluetooth Help Prevent Florida Trucking Accidents?

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

Now that awareness about the dangers of distracted driving is growing, Bluetooth and many other technology manufacturers are touting hands-free technology as the way to make cell phone calls and even texting safer. Devices designed for drivers read text messages and allow drivers to dictate messages – all while keeping their eyes on the road. While hands-free technology can help prevent a driver from taking their eyes off the road, however, there are many reasons why this technology is not necessarily safer or better at preventing Florida car accidents and truck accidents:

1) Hands-free technology does not help prevent a driver from being absorbed by a conversation. The problem with cell phone calls is not just that the driver has to dial a number. Rather, while a driver is talking on the phone, he or she becomes absorbed in a conversation or discussion, and this causes less focus on the road. This will not be prevented by hands-free phones.

2) Hands-free technology can affect what a driver hears. A truck driver using Bluetooth or other hands-free technology is often wearing a device that can affect their ability to hear. This can allow drivers to miss important auditory clues – which can easily lead to a Florida pedestrian accident or other terrific accident.

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Could Texting be More Dangerous for Florida Truck Drivers than for Florida Passenger Vehicle Motorists?

Published on: August 4, 2010 | By Flaxman Law Group

While much has been reported in the media about the risks of distracted driving and the dangers of texting while driving, a study by the Virginia Tech Transportation Institute suggests that truck drivers may need to pay attention more than drivers of passenger cars. If truck drivers want to prevent Florida truck accidents, they may need to put down their mobile devices. According to researchers at the Virginia Tech Transportation Institute, the risk of texting behind the wheel is significantly higher for truck drivers than for drivers of passenger vehicles.

According to researchers at the Virginia Tech Transportation Institute, truck drivers who text while driving are 23 times as likely as an undistracted driver to get into a car accident or truck accident. Car drivers are still more likely to get into a Florida car accident when they text, but their risk is not as high. As well, researchers found that when car drivers dial a cell phone, they are 2.8 times more likely to be in a traffic accident as undistracted drivers. Truck drivers, however, are 5.9 times as likely to be in a crash for the same activity.

Other risky distracted driver behaviors are also more risky for truck drivers than for drivers of passenger vehicles. For example, when a car driver reaches for an electronic device, they risk of being in a car accident is 1.4 times higher than the risk for an undistracted driver. Reaching for a device increases a truck driver’s risky by 6.7 times.

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Money Worries After a Florida Trucking Accident

Published on: July 30, 2010 | By Flaxman Law Group

A Florida trucking accident can cause many serous injuries, but it can also wreak havoc with a victim’s finances. Victims who have suffered in a truck accident may end up in considerable debt or may even face bankruptcy. There are many considerable financial losses and challenges after a Florida car accident involving a truck:

1) Medical bills. Most patients have medical bills in the tens of thousands of dollars or more. While medical insurance and car insurance can cover some of these bills, in many cases insurance providers balk at paying the entire amount, leaving the patient still paying for some necessary treatment themselves. Underinsured or uninsured patients face an even more frightening amount of medical bills. Florida brain injuries, spinal cord injuries and other serious injuries can be expensive enough to send even prosperous people into bankruptcy.

2) Lost income. Most patients who have been in a Florida truck accident lose weeks or even months of work time, causing a loss of income. Some patients sustain permanent injuries and can never return to work again. Yet, bills and debts must still be paid.

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Challenges Victims Face After Florida Truck Accidents

Published on: July 28, 2010 | By Flaxman Law Group

A Florida car accident, truck accident, or any motor vehicle accident is a traumatic event. When trucks are involved in a motor vehicle accident, the results can be especially devastating, simply due to the destructive force possible with a large commercial truck. However, for many victims, the problems just begin when an accident takes place. In the days, months, and years after an accident, victims may also have to deal with:

1) Questions of blame. In some cases, insurance companies or trucking companies may claim that a victim is partly to blame for a truck accident – even if this is not necessarily the case. If a motorist is unfairly blamed for an accident, they may feel extreme guilt and may face insurance rate increases.

2) Access to care problems. Many serious Florida spinal cord injuries, burn injuries, brain injuries, and other long-term conditions are caused by truck accidents. However, some victims have a hard time finding the resources and medical care they need. Patients may not have the financial resources to cover large medical costs or may not know all their care options. A good Florida personal injury attorney can often help patients find the care their need.

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Getting Tired Truck Drivers Off the Roads

Published on: July 26, 2010 | By Flaxman Law Group

Most truck accident experts agree that inattention and driver fatigue are the leading cause of Florida truck accidents, Florida car accidents, and indeed, motor vehicle accidents across the country in general. In 2005, the U.S. Department of Transportation got tough on distracted and fatigued driving by increasing required hours between shifts and by reducing the total driving time of commercial truck drivers. Overall, truck accident deaths have dropped somewhat since 2005.

However, experts from the Commercial Vehicle Safety Alliance note that yearly truck accident fatalities across the country are the same as if a jetliner crashed once a week. Members of the Commercial Vehicle Safety Alliance note that if a jetliner crashed weekly there would be national attention about the problem and air traffic industries would face loss of business as well as serious investigations.

However, despite the well-established documentation about the dangers of distracted and fatigued driving, distracted Florida drivers and fatigued drivers are still causing many Florida truck accidents and national traffic accidents.

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Florida Truck Accidents and Brake Defects

Published on: July 23, 2010 | By Flaxman Law Group

Commercial trucks use air brakes. While air brakes do not allow truck drivers to stop as quickly as passenger vehicles, they are designed specifically to function with the heavy loads and large size of a commercial truck. However, air brake failures and defects in trucks do constitute one of the major reasons for Florida truck accidents. When the brakes on a truck fail, there is sometimes simply no way for a driver to avoid a collision.

A well-functioning commercial truck with good air brakes takes twice as far to brake as a passenger car. When air brakes fail, a truck may not be able to stop at all. Defective air brakes may be the result of poor maintenance or poor adjustment. They may also have inherent design flaws, which are a problem of the manufacturer.

Other factors may affect air brake performance as well. If a truck is incorrectly loaded or overly loaded, this can affect the air brakes. The extra weight and pressure can cause many things to fail, including the brakes. An inexperienced driver can also speed and handle the truck incorrectly, causing excessive wear and tear on the brakes.

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