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

Speeding and Truck Accidents

Published on: July 21, 2010 | By Flaxman Law Group

A group of researchers at the School of Public Health at the University of Illinois, Chicago have found that since a federal speed limit of 55MPH was repealed in 1995, US interstates have seen an increase in car accidents and injuries as well as fatalities. Researchers concluded that about 12,545 deaths and 36,582 in truck accidents and car accidents across the nation were attributed to higher speed limits between 1995 and 2005. Researchers suggested that a camera network and lower speed limits would decrease fatalities again. Results of the study were published in the American Journal of Public Health.

Speeding is a serious problem in many traffic accidents; many Florida bicycle accidents, car accidents, and pedestrian accidents are caused at least partly by speeding. However, speeding is an especial concern in Florida trucking accidents. Due to the size of trucks, when trucks drive at an excessive speed and collide, they can produce a lot of force and cause a great deal of damage.

Speeding while driving a truck is dangerous for many reasons:

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What to Do if You are in a Florida Drunk Driving Truck Accident

Published on: July 14, 2010 | By Flaxman Law Group

If you are in a Florida car accident involving a truck and you suspect that the driver of the truck is under the influence, there are a few things you must do in order to safeguard your rights:

1) Help anyone at the scene. In most Florida trucking accidents, serious injuries are caused by the sheer size or force of the truck. In most cases, you will need to call 911. Even if you seem to have only minor injuries, you should still get medical help immediately. Not all medical emergencies are obvious immediately. Each year, a few Florida brain injuries prove fatal because a patient felt fine and did not seek medical treatment in time. Err on the side of caution.

2) Start documentation. Police will likely arrive at the scene of the accident and should administer a field sobriety test to the driver. If possible, it is also important for you to start documentation right away. Get the name and contact details of the driver and any witnesses. If you can, take photos of the scene. Note the time, exact location, and other details of the accident.

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Why Some Experts Are Pessimistic About Reducing the Rate of Florida Truck Accidents

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

According to the National Highway Transportation Safety Association, in 2008, 6.6% of all fatal commercial truck accidents in the country took place in Florida. Part of the problem, according to experts, is that Florida is a shipping area, and trucks move cargo from ports such as Miami through interstate highways to landlocked areas of the country. Also, the large size of these vehicles ensures that when Florida truck accidents do occur, they are likely to be fatal accidents.

According to experts, the National Highway Transportation Safety Association, the Florida Department of Transportation, and the Florida Highway Patrol have all taken steps to reduce the number of car accidents and truck accidents on state roads and highways. However, experts remain pessimistic about the possibility of significantly reducing the number of Florida traffic accidents involving trucks. This is because a number of truck accident risk factors are hard to address:

1) Driver fatigue. Many studies have confirmed that tired Florida drivers are as dangerous as drunk drivers. When sleepy, truck drivers are simply more likely to make mistakes or to experience lapses in judgment which can lead to accidents. There are many rules in place to prevent this. Florida commercial truck drivers, for example, are required by law to take 10 hours before shifts and must drive no more than 11 hours per day. Unfortunately, most truck drivers are paid more to drive more and it is very hard to regulate rest time and break time.

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Florida Truck Accidents and Tire Defects

Published on: July 9, 2010 | By Flaxman Law Group

Florida trucks and truck drivers rely on good truck tires. Good tires support the entire weight of the truck – which can weigh more than 80 000 pounds when fully loaded — and provide stability. Unfortunately, when tire defects and blowouts happen, the result is often tragic accidents on Florida’s roads. There are many reasons why tire defects take place:

1) Used tires. Some trucking companies buy used tires to place on their trucks in order to save money. However, if tires have been part of a serious car accident or truck accident, their stability and durability may be compromised. As well, allowing trucks with well-worn and well-used tires is often a recipe for disaster, as these tires may not have the treads and stability to carry a large load. Even unused tires that have been in storage for a long period of time may no longer be road-worthy, as rubber can wear down with time.

2) Incorrect demounting, mounting, and maintenance of tires. Trucking companies need to have their truck tires installed and maintained by qualified professionals who can abide by current Federal OSHA regulations. Tires should be maintained regularly and checked for leaks, wear, and any possible hazards.

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Florida Truck Accident Rollovers

Published on: July 7, 2010 | By Flaxman Law Group

Truck rollover accidents in Florida are dramatic and generally make the evening news. When a truck rolls over on a Florida road or highway, the results are often catastrophic. A rollover can lead to secondary car accidents as cars and other vehicles try to swerve out of the way of an out-of-control truck. As the truck rolls, it can also crush other vehicles and even bystanders in the way. Even the truck driver is at risk, since the cab is not always stable enough to prevent serious injuries to the driver.

Since a fully loaded commercial truck in Florida can weigh 80 000 pounds or more, when a truck of this size rolls over, it can cause serious damage. The truck can rip up the roads, potentially causing other car accidents due to bad road conditions on the same stretch of Florida roadway. The truck’s load can also ignite or spill, potentially causing burn injuries.

In 2008 alone, 263 people were killed in truck accidents in Florida alone. That same year, the National Highway Transportation Safety Association’s National Center for Statistics and Analysis reported that 6.6% of all fatal large truck accidents across the country occurred in Florida. Florida rollovers accounted for some of these accidents. There are many ways that truck rollovers can occur:

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Ways Florida Personal Injury Attorneys Investigate Truck Accidents

Published on: July 5, 2010 | By Flaxman Law Group

If you have sustained a serious injury in a Florida truck accident, you will likely hire a Florida personal injury attorney. Your attorney will do several things. First, he or she will advise you of your rights so that you can make informed decisions about what you wish to do in the wake of the accident. Second, he or she will represent you in negotiations with insurance providers and will negotiate with them on your behalf. Finally, your Florida personal injury attorney will investigate all the causes of your truck accident in order to determine what has caused the accident.

This last role is extremely challenging. By the time you have found an attorney, the scene of the accident is usually cleared up. Evidence may be gone forever. Most attorneys in Florida work with private investigators and other professionals to find out the truth about an accident. This type of investigation may involve:

1) Accident reconstruction. Private investigators have complex software tools which can help them recreate an accident based on information gleaned from police reports, witness testimony, and other factors. This can give investigators a moment-by-moment rendering of the accident.

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Liability and Florida Truck Accidents

Published on: July 2, 2010 | By Flaxman Law Group

Many Florida truck accidents are not caused just by one factor. In most cases, a number of situations and issues can cause an accident. For example, a mechanical failure in the truck may have contributed to an accident, but road conditions as well as mistakes made by pedestrians or other drivers may have contributed to a collision.

In many cases, after a Florida truck accident, victims who have sustained serious injuries look for one answer to the accident. They decide that an accident was caused by a driver or by a mechanical failure. Even the media contributes to the idea that truck accidents are caused by one main cause. How many times have we read a headline proclaiming “Florida brain injuries caused by trucking accidents the fault of distracted drivers”? Most headlines suggest that truck accidents are caused by one factor or cause. While all of us like to keep things simple, it is important not to oversimplify the causes of a truck accident.

Determining all the factors that contribute to a truck accident is crucial because it allows a victim to seek a settlement from multiple responsible parties. This increases the chances that a victim will receive a fairer settlement which will cover all medical costs, lost income, and related costs of an accident. If you decide to pursue only one liable party, you will likely have to pay for part of your medical costs and lose income out of pocket.

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The National Transportation Safety Board Weighs in On Truck Accident and Car Accident Prevention Strategies

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

The National Transportation Safety Board (NTSB) regularly publishes and updates a “most wanted list,” or a list of the most needed actions to keep our roads safer. Many of these “most wanted” actions deal with not only passenger vehicles and drivers, but also with truck drivers. The NTSB regularly updates not only the list, but ranks the progress being made for each item. Currently, items on the NTSB most wanted list include:

1) Prohibiting commercial drivers from using a cellular telephone while behind the wheel. According to the NTSB, progress on this front is “slow.”

2) Requiring electronic onboard data recorders on commercial trucks and vehicles. These recorders are designed to help provide accurate information about driver hours of service as well as carrier records. Many experts believe that these devices would help significantly reduce the instances of driver log book fraud which currently lead to fatigued drivers and truck and car accidents in Florida and across the country. According to the NTSB, progress on this front is “unacceptable.” Although the technology has been in place for some time, most carriers still prefer driver log books over the more accurate system.

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Hit and Run Truck Accidents

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

Hit and run accidents occur when a motorist leaves the scene of a pedestrian accident, car accident, truck accident, or bicycle accident. Whenever an accident occurs, it is the responsibility of all motorists involved to stop, exchange contact and insurance information, and offer assistance as needed. When drivers fail to stop after an accident, they face jail time, suspension of their driver’s licenses, as well as other penalties.

When truck drivers fail to stop after causing an accident, the outcomes can be even more dire. Due to the force and size of trucks, truck accidents are more likely than passenger vehicle accidents to result in serious brain injuries, fatalities, and other serious injuries. When a truck driver refuses to stop to help, he or she jeopardizes the lives of the victims of the accident. Without immediate help, the victims of a truck accident may succumb to their injuries. Even a delay of a few minutes or seconds can increase the risk of fatalities and permanent injuries.

There are many reasons why some truck drivers leave the scene of an accident. Truck drivers driving non-commercial vehicles may panic and flee the scene for many of the same reasons passenger motorists choose to leave the scene of an accident. A truck driver may be inebriated or may be frightened of the consequences of facing the accident.

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Florida’s Move Over Law Can Help Prevent Commercial Truck Accidents

Published on: June 25, 2010 | By Flaxman Law Group

When an accident occurs on the roads – whether it’s a bicycle accident, car accident, or truck accident – emergency vehicles will generally arrive on the scene. Larger fire trucks, tow trucks, ambulances, and police vehicles all converge to help those who may be injured in the accident, but the presence of these vehicles and especially the presence of larger trucks creates a greater risk of secondary accidents. Secondary accidents can occur when motorists passing an accident or other problem fail to keep their eyes on the road. Secondary accidents can also occur if trucks and emergency vehicles are not given enough room.

The Florida Department of Highway Safety and Motor Vehicles is trying to prevent secondary trucking accidents and car accidents with a safety education program. The department is trying to raise awareness about Florida’s Move Over Law. The law protects police officers, tow truck drivers, firefighters, and other personnel who may be at an accident scene or at the scene of another roadside problem. Under the law:

1) Motorists are required to move over if they see a tow truck, police car, fire truck, wrecker, or emergency vehicle on the side of the road with lights flashing. If motorists cannot safely move over, they are required slow down to 20 mph below the posted speed limit. This allows the emergency workers at the scene to have the room they need to work safely. This law is also designed to help prevent the serious pedestrian accidents which occur when emergency vehicle workers are struck by passing motorists.

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