Item: Flaxman Law Group
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Author: Clara Barman

How Does Florida Rank When it Comes to Highway Safety?

Published on: June 17, 2014 | By Flaxman Law Group

In freeway accidents in Miami and highway accidents across the state, good road design plays an important role. Good road maintenance and design can help prevent accidents and injuries. Part of the safety measures that can be used on roadways include good traffic signals, lights, and signs to help provide drivers with the information they need to stay safe. Guardrails are also an important part of preventing accidents and injuries, especially on highways. According to at least one organization, however, Florida may not rank very high when it comes to guardrail safety.

According to a group known as Safety Research and Strategies, Florida is not doing enough to keep drivers safe. The organization is suing the Florida Department of Transportation, alleging that the agency is withholding public documents about highway safety even though it is illegal to do so.

Safety Research and Strategies also claims that faulty guardrails across the state may be putting millions of motorists at risk. Part of the guardrail issue, according to the group, is that the company that makes the guardrails reduced the height of its guardrails from 5 to four feet in 2005. This reduction in height, Safety Research and Strategies claims, puts drivers at risk. The group cites a 2012 survey conducted by the American Association of State Highway and Transportation Officials to prove its point. That survey concluded that the shorter guardrails could be linked to fatal and serious car accidents. The Department of Transportation in Nevada withdrew its approval of the shorter guardrails in January 2014 and Safety Research and Strategies believes that Florida should follow suit.

In February 2014, Safety Research and Strategies requested thousands of Florida Department of Transportation documents regarding the guardrails. As of June, the group had not received the information, prompting the lawsuit. The organization would like a judge to ensure that the documents are handed over so that the group can inform Florida residents whether the government agency knew about the risks of the new guardrails. Both the Florida Department of Transportation and the company that produces the guardrails have declined to comment on the lawsuit.

It is difficult to know what the public documents or the lawsuit will reveal, but there is little doubt that guardrails are an important part of highway safety. In rollover accidents in Miami and other cities, guardrails can prevent cars from going over embankments and off the road. Guardrails can stop an out-of-control truck or car. Poor road design issues in Miami and other cities can include missing, broken, or inadequate guardrails. While it is difficult to tell whether the shorter guardrails do in fact carry a higher risk of accident and injury, it will be interesting to see whether the lawsuit and documents will reveal new information about how Florida fares in terms of highway safety.

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New Report Sheds Light on How and Why Fatal Bicycle Crashes Happen

Published on: June 17, 2014 | By Flaxman Law Group

A new report by the League of American Bicyclists sheds light on why bicycle accidents and fatalities occur. The report was compiled by examining bicycle accident fatalities reported largely in 2012 by the Fatality Analysis Reporting System of the National Highway Traffic Safety Administration. According to the League of American Bicyclists, however, the government needs to do more to gather information about bicycle accidents in Miami and across the country, as the group found that information about these types of collisions was lacking.

According to the League of American Bicyclists report, the most dangerous bicycle accident and the one most likely to lead to fatalities was the rear-end crash. This type of collision accounted for about 40 percent of the total number of fatal bicycle accidents. Bicyclists are also at risk of broadside collisions in Miami and other cities. According to the report, about 10 percent of all fatal bicycle accidents involved this type of crash. A further eight percent of fatal bicycle collisions involved head-on accidents.

The report found that many accidents – about 44% — occurred on city arterial streets while rural arterial streets were the site of 12 percent of fatal crashes. Rural local roads amounted to about 11 percent of total bicycle accidents. On city streets, intersection and intersection accidents were represented about equally, but rural road fatalities were more likely to occur away from intersections. In about 9% of fatal bicycle accidents, bicyclists were traveling on sidewalks rather than on roads. The report also found that bicyclists were wearing helmets in about 57% of fatal bike accidents, although data about helmet use was incomplete.

In terms of causes of bicycle accidents, the report found that many of the things that cause motor vehicle crashes in Miami and other Florida cities are also responsible for fatal bike crashes. About 42% of fatal bicycle accidents studied were caused by negligent driving while 36% involved hit and run crashes and a further 12% involved drunk driving. In about 23% of the accidents, bicyclists were traveling in the wrong direction while 17% of cases involved bicyclists failing to yield.

The report clearly shows that everyone plays a role in preventing bicycle accidents and fatalities. As the authors noted, one of the big problems with bicycle accidents is that relatively little information is gathered about these types of crashes and there is less anger and response to these types of accidents when compared with car crashes. The authors called for more action to prevent collisions in the future.

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What Florida can do to Prevent More Boating Injuries and Accidents This Summer

Published on: June 12, 2014 | By Flaxman Law Group

Now that summer has arrived, the risk of boating accidents and injuries in Fort Lauderdale and other Florida communities has also arrived. The Florida Fish and Wildlife Conservation Commission is asking boaters to use extra caution this year in order to reduce the number of boating-related injuries and accidents.

In 2013, there were 62 fatalities linked to boating. According to authorities, alcohol use and inexperienced boaters are two main risks that can contribute to boating accidents. Luckily, these common causes of injury are also preventable. This year, the Florida Fish and Wildlife Conservation Commission is urging boaters to:

1) Avoid drinking while boating. Boating should be treated just like driving. Just as you should not drive drunk in Fort Lauderdale or use drugs before getting behind the wheel, you need to make sure that you stay sober when on the water. About 15% of all fatalities related to boating involved drug or alcohol use. Drinking while boating can lead to criminal charges as well as serious accidents.

2) Be prepared for emergencies. Boaters should bring along whistles, a first aid kit, a fire extinguisher, and enough life jackets for every passenger. Each time boaters and their passengers are on the water, they should be wearing a life jacket. In many boating accidents in Fort Lauderdale, head injuries prevent a victim from being able to swim to safety and a life jacket in this type of situation can help keep the victim afloat until help arrives.

3) Get instruction if you are a new boater or haven’t been on a boat in a while. There are a number of safety courses available that can help new boaters and experienced boaters hone their skills and reduce their chances of a serious injury.

4) Consider the effect of the sun. The sun reflecting off the water as well as the warmth of a summer day can exacerbate the effects of drowsiness and alcohol. Do not boat if you are fatigued and avoid alcohol entirely so that you can stay aware and alert. Boat when you are in good physical condition to do so and wear a hat and sunglasses to protect you from the sun.

5) Use extra caution when boating with children. Children need extra supervision on a boat. Boating and swimming related injuries are the cause of many child injuries in Fort Lauderdale and Florida each summer. Children may become fascinated with the water and may lean too far out of a boat. Children on boats should be closely supervised and should be in a life jacket at all times on a boat. Children should also be given swimming lessons early, to ensure that they do know how to swim if they do find themselves in water.

6) Stay focused. Just as distracted driving in Fort Lauderdale and other cities leads to collisions, distracted boating can lead to passengers falling overboard, collisions with other boats, and other problems. When in a boat, focus on safety and be sure to put mobile devices and other distractions away before you hop onboard.

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Agency Considers Electronic Logs for Truckers as a Way to Slash Trucking Crash Rates

Published on: June 12, 2014 | By Flaxman Law Group

Federal rules require truck drivers to keep logs of rest periods, stops, and other data. Driver logs are intended to encourage drivers to abide by hours of service rules and other regulations. In the event of a trucking collision in Miami or another city, they can also become an important record of what may have contributed to an accident.

Unfortunately, as many personal injury attorneys in Miami and other cities know, there are a number of problems with traditional driver logs. In some cases, drivers may forget to write down important information. In other cases, the information is incomplete, inaccurate, or even falsified.

Since driver logs are only useful when accurate, some experts have wondered whether electronic logs (ELDs) could help resolve the problem. A new study referenced by the Federal Motor Carrier Safety Administration (FMCSA) suggested that trucks with electronic hours-of-service recorders (EHSRs) may have lower rates of violations and lower accident rates than trucks without the electronic logs.

Specifically, trucks with the devices had a preventable collision rate that was 5.1 percent lower and a total accident rate that was 11.7 percent lower when compared with trucks that did not have the devices. In addition, trucks with EHSRs had a driving-related hours-of-service violation rate that was 53% lower than trucks without the devices. The sample rate for the study was small, so it is possible that further studies may be requested.

Not everyone is enthusiastic about ELDs and EHSRs, however. Some drivers say that the devices place them under very high levels of surveillance. There is also some concern that the devices and their information could be used to further reduce total allowable hours for truck drivers.

Some experts also say that the devices themselves are not necessarily a solution for a few reasons:

•The devices may not necessarily help prevent hours of service violations. Since the devices stay with the truck, truck drivers could potentially simply jump into another truck after a certain amount of time to keep driving. The devices are not foolproof.

•As with traditional logs, the electronic logs are only useful if the information from them is gathered and used. If no one is monitoring the information and acting on the data, it is unlikely that they devices would dramatically slash accident rates.

•The devices may not address some of the real reasons behind fatigued driving. While fatigued driving in Miami and other cities is a leading cause of crashes, long hours of driving may not be the only culprit. Sleep disorders, certain medications, allergies, and other issues can all cause crashes — and EHSRs and ELDs cannot address these issues. In other words, a driver may take the mandated amount of rest according to electronic logs but still be a danger on the road.

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Rail Worker Health Could be a Factor in Train Crashes and Injuries in Miami and Other Cities

Published on: June 10, 2014 | By Flaxman Law Group

Much has been written about the effect of driver health on car and truck accidents in Miami and other cities. Studies have pointed out that drivers with certain health conditions have a higher risk of collisions and may be dangerous on the roads. Now, safety experts are noting that worker health may be impacting the rate of train accidents and public transportation crashes in Miami and other communities.

When train accidents in Miami and other communities across the country happen, a number of agencies, including police, the Federal Railroad Administration, the National Transportation Safety Board, and other organizations launch lengthy investigations into the causes of the collisions. In a number of recent train accidents, worker health has been cited as a major cause of collisions. For example, a 2013 commuter train derailment in New York was linked to an engineer’s sleep apnea. The engineer had the condition but was untreated at the time he fell asleep at the controls. A recent Union Pacific train crash occurred because an engineer had colorblindness that had gone undiagnosed. The engineer was not able to notice yellow and red warning signs in order to prevent a crash.

Many workers must submit to careful physical screening as part of their jobs. For example, truck drivers, commercial pilots, maritime crew, and bus drivers all need to undergo physical exams and may be disqualified from their jobs if they have certain heart diseases, vision problems, sleep disorders, diabetes, chronic allergies, and other health issues. However, not all workers are subject to these rules. Railroad employees, for example, have to pass vision and hearing tests but do not have to pass a health assessment that rules out many additional conditions. Some tour and boat operators are also not subject to health controls.

There is no doubt that health issues in a number of fields can be dangerous. Factory workers, for example, can easily sustain work injuries in Miami or their communities if they are ill on the job. Construction accidents can occur if workers have heart conditions, chronic allergies, or other problems. Most patients realize that if their doctor is distracted by an illness they may not get the quality medical care they can expect. Unfortunately, right now many employees do not have to pass a medical exam for work. Even with medical exams, of course, undiagnosed or misdiagnosed issues could still pose a risk. Getting more medical testing for at-risk workers, however, seems like a logical step in preventing catastrophic injury.

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ECMs May Become Mandatory – Will They Prevent Truck Accidents in Homestead and Other Cities?

Published on: June 10, 2014 | By Flaxman Law Group

According to some safety experts, Electronic Control Modules (ECMs), which are also known as speed limiters, can reduce the rates of fatal trucking collisions in Homestead and other cities. Speed limiters work by using electronic sensors that calibrate a truck’s speed and send the information to a computer in the engine. The limiters, also known as governors, can be set to a specific maximum speed. Once a truck reaches that limit, the engine’s computer limits the flow of fuel and air to the engine and prevents the truck from exceeding the pre-set speed.

Now, the Department of Transportation (DOT) is going to require the use of ECMs for some of the trucks on the country’s roads. In a new report, DOT revealed that some trucks weighing more than 26,000 pounds and driving on roads with speeds of 55mph or more may be required to use the devices as early as October 2014.

According to safety experts and supporters of the DOT mandate, ECMs could mean as many as 1,115 fewer fatal collisions each year. According to previous research, speed plays a major role in truck and car accidents in Homestead and other cities, with about 73 percent of heavy truck crash fatalities occurring on roads with speed limits of 55 mph. Research has shown that speeding trucks have much longer stopping distances and are more subject to rollover crashes as well as accidents. Many in the industry feel that reducing overall speeds is a good way to prevent fatalities.

Many groups are supportive of the DOT changes. Road Safe America (RSA) has suggested that all trucks made after 1990 be equipped with ECMs and the American Trucking Association (ATA) has stated that the speed limiters should be placed on all trucks. According to truck industry insiders, many heavy trucks are already equipped with the devices.

Research conducted by the Insurance Institute for Highway Safety (IIHS), the NHTSA and Federal Motor Carrier Safety Administration has found that truck accidents in Homestead and across the country are actually less common than crashes involving passenger vehicles. However, heavy truck accidents are more likely to cause fatalities. Each year, about half a million heavy truck collisions occur across the country. According to the IIHS, in 2010 alone, 3,413 individuals suffered fatal injuries as a result of heavy truck crashes, an eight percent increase when compared with the year before. That year, although large trucks represented only 4% of the registered vehicles on American roads, these vehicles accounted for 9% of traffic accident fatalities.

Not everyone agrees with the DOT rules. Truck drivers and the Owner Operator Independent Drivers Association (OOIDA) have both spoken out against measures which would make speed limiters mandatory. The group claims that most truck accidents are caused by motorists driving passenger cars, so limiting speed for truck drivers will not lower accident rates. In addition, truck drivers and the OOIDA noted that limiting speed may actually be dangerous as it may not allow trucks to pass each other. They have pointed to studies showing that vehicles driving at differing speeds is what causes accidents, and since ECMs will not allow truck drivers to drive with the flow of traffic, they may potentially contribute to crashes.

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Summer Means a Focus on Child Safety in Hollywood and Florida

Published on: June 5, 2014 | By Flaxman Law Group

Now that summer is here, children will be at home and in special summer programs, which can mean new hazards that parents need to be aware of. If you are a parent, there are several things you can do to prevent child injury in Hollywood or your community:

1) Choose child care carefully. Whether you will be relying on daycare, babysitters, a nanny, or any other caregiver, choose wisely. Ask for references and interview the person in charge at least once. A good caretaker is vital in keeping your child safe.

2) Research camps and summer programs. If your child is taking part in any classes, trips, camps, or programs, ask lots of questions. Make sure that there will be adequate supervision and that staff are screened carefully. Ask about safety policies and staff training when it comes to safety. A camp with a casual attitude can pose a risk of pool injury in Hollywood or your community while an incorrectly supervised program can mean burn injuries, fractures, and other risks for your child. Make sure your child is taking part in activities with a good safety record and the resources to keep your child safe.

3) Review safety basics with your children. Consider what activities are interesting for your children and tailor the information to suit them. For example, if your children spend time on their bikes, now is the time to review the basic rules for staying safe when riding to avoid bicycle accidents in Hollywood or your community. The summer is also a good time to review fire and thunderstorm safety tips.

4) Sign your child up for swimming lessons. Swimming lessons are one of the simplest and most effective ways to protect your child from drowning. Even if your child is very young, they can be signed up for basic lessons that allow them to learn how to float. Older children should be signed up for lessons that let them learn how to swim effectively. CPR lessons are also a good idea. Florida has many waterways and pools. Unfortunately, the state also has the distinction of having the highest rate of child drowning. We can change this statistic by teaching water safety and swimming skills early.

5) Talk to your teen about safe driving. If you have a young driver in your house, they may be excited at the prospect of summer freedom. This is a good time to set rules about distracted driving, night driving, and passengers. Summer is also a great time to sign your teen up for more driving lessons or defensive driver training, if needed. Since many summer events involve alcohol, make sure that your teen understands that they can always phone home for a safe ride home with no questions asked. Better yet, create a list of family and friends who can offer the same guarantee so that your teens have no excuse to get in a car with a drunk driver.

6) Take a moment to make your home a little safer this summer. Check the smoke detectors in your home and make sure that you have fire escape routes in your home as well as fire extinguishers. If you have a grill, fireworks, or another potentially hazardous items, make sure that they are properly stowed. Check your home for worn or flayed extension and power cords, replacing as necessary. Do a walk-through of your property to note and fix any potential hazards.

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Could Simple Videos Reduce the Risks of Serious Trucking Collisions in Hollywood and Other Cities?

Published on: June 5, 2014 | By Flaxman Law Group

The Virginia Tech Transportation Institute (VTTI) has released a report stating that in-vehicle video systems in trucks could help reduce instances of truck collisions. According to the report, the video systems, if used in heavy-duty and medium trucks could reduce injury rates by 36% percent and reduce fatal trucking accidents by 20% annually. The rate of crashes was found to drop 35% with the video systems installed.

According to the study’s author, Jeffrey Hickman, the video systems work by capturing driver behaviors inside trucks and focusing on correcting those behaviors. Most drivers, according to Hickman, have some habits or behaviors that are risky but there is usually no way to address or even know about these issues. With a video system, these behaviors can be uncovered and corrected before they cause collisions. According to Hickman, this is significant because a large number of truck accidents are caused by driver behaviors and errors.

Video systems for trucks, such as DriveCam, are already available. However, there are a number of questions and concerns about the systems. For example, the cost of the systems are a cause of concern for truck carriers. In addition, some drivers may feel that the systems infringe on privacy. In addition, equipping all current larger trucks with the cameras may be time-consuming – as would reviewing all the video data. There are currently no plans in place to mandate the use of video systems in trucks, despite studies suggesting that the systems could slash accident rates.

Would video systems help cut down on the number of trucking accidents in Hollywood and other American cities? The makers of the systems and some safety experts believe so. It certainly seems that the cameras could work on several levels:

•By making drivers more aware of questionable behaviors and would not engage in them
•By making truck carriers more aware of what drivers are doing behind the wheel and having a vested interest in changing that behavior
•By having another tool for screening and evaluating drivers so that safe drivers could be rewarded
•By allowing truck carriers to potentially notice and target a variety of dangerous behaviors – including distracted driving, DUI, and fatigued driving in Hollywood and other cities
Of course, in order for video systems to prevent traffic collisions in Hollywood and other cities, they would need to be installed in a larger number of vehicles, and that seems unlikely at the present time. It is possible that some carriers will install the video systems voluntarily in order to better train and monitor drivers. Despite concerns about costs, the video systems have the potential to save companies money by reducing the number of trucking accidents and by reducing the risks of expensive litigation. It remains to be seen, though, whether carriers will be interested in this investment.

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Prevent Pool Injury and Drowning in Homestead or Your Community This Summer

Published on: June 3, 2014 | By Flaxman Law Group

Pools are a major cause of child injury in Homestead and Florida, especially during the summer months. During this time of the year, beaches are filled with families, pool parties are common, and public pools offer special summer programs. While all of these can be fun, they can also pose a danger, especially for children. According to statistics, Florida has the highest rate of drownings for children 13 years and younger. For Florida children between the ages of one and four, drowning is the leading cause of death. In the state, drowning rates for those under the age of 5 are double what they are in the rest of the country.

According to safety experts, one of the best ways to keep children safe from injury is to teach them swimming skills early on in life. Children who are strong swimmers may have a lower risk of pool injury and drowning in Homestead or their community. Many pools and community centers offer low-cost swimming lessons for children and many communities even have free programs. It is important to start lessons early, where possible. Even babies who can crawl can be taught to float on their backs – a skill that could save their life.

Another important line of defense is to secure any pool area in your home. If you have a pool, it is important to have it protected by a fence and a self-locking gate to prevent children from wandering into the pool area alone. A motion-sensitive alarm that sounds when someone is in the pool area is also a smart safety precaution. Even a simple door alarm in a pool area can be a very easy way to keep a pool safe and these basic alarms can cost as little as $10. Installing good security systems around the pool not only improves safety but can also protect you from a premises liability claim in your Homestead or Florida home.

A final piece of the solution is to ensure good supervision. According to safety experts, any time that children are around water – whether that means at a pool, beach, lake, in a boat or bathtub – proper supervision is vital. Even if a child knows how to swim, they can panic if they get into trouble in the water and can still be at risk.

The Florida Department of Health and the DFC have teamed up with Florida YMCAs to launch the “Eyes on the Kids” program to promote good supervision this summer when children are around water. The message is simple: when children are around water it is important for adults to avoid texting or anything else that could distract them from safety.

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DUI Arrests in Broward County Raise Awareness About Drunk Driving Risks

Published on: June 3, 2014 | By Flaxman Law Group

In May, two judges in Broward County faced issues with DUI driving. One Broward County judge was suspended from the bench after being in a car collision and being arrested for DUI charges. A Broward Circuit Judge was also arrested after colliding with a parked patrol car in Fort Lauderdale. The judge in that case had trouble passing a field sobriety test but had a .000 in two breath alcohol tests. The judge alleged that she had taken Ambien before the incident. In November of last year, another Broward County judge was arrested on DUI charges following an incident in Boca Raton. The judges were booked and eventually released on bond or bail in all cases.

The charges have some questioning whether the judges should be permitted to continue serving on the bench. Judges are of course expected to be impartial and fair in DUI/DWI cases in Hollywood and other Broward County cases. If the judges are dealing with criminal conduct themselves, it can raise the question of whether they can be unbiased when faced with similar cases at work.

The arrests also have some questioning why the drunk driving charges are occurring. Drivers of course know that drunk driving can cause car accidents in Hollywood and Broward County communities. Why would educated drivers take such risks with their safety and the safety of others?

If nothing else, the arrests point to the fact that knowing that drunk driving in Hollywood is unsafe may not be enough to prevent instances of driving under the influence. There may be many reasons why drivers continue to drive inebriated:

1) Drivers may be so inebriated that they have a hard time recognizing their risks. The most recently arrested Broward Circuit Judge, when interviewed by police after her collision, claimed that she had been in an accident earlier in the day. Police reported that she had claimed that she had been forced off the road by a truck but when she showed police a cell phone video of the alleged collision they saw the judge’s vehicle weaving around the road and colliding with a barrier. No truck was apparent in the video. In addition, the judge repeatedly told police that she had not been drinking, although she had trouble standing on one leg and police reported that her speech was slurred. In some cases, such as this one, someone who is inebriated or affected by medication may have a hard time determining that they are incapable of driving safely. In these cases, it is important for others around them to prevent them from getting behind the wheel of a vehicle.

2) Drivers may feel little or no social pressure to avoid drinking and driving. Some drivers may feel that they will not cause a car or truck accident in Hollywood or their community and may get behind the wheel of a truck after drinking because they think they can get away with it.

3) Drivers may tell themselves that driving under the influence is acceptable “this once.” Sometimes, drivers will excuse or justify driving under the influence. Commercial truck drivers, for example, may think that they need to make a deadline or may tell themselves that they are not “that” affected. In some cases, a motorist may think they are fine to drive because they are skilled or because they have only a short distance to drive. Of course, none of these excuses are acceptable.

4) More education may be need to be done about the dangers of prescription and over-the-counter medication. Medication can be just as dangerous when driving as alcohol and some drivers may be unaware of the risks of driving after taking a specific medication. Medications such as Ambien and others can and do lead to serious accidents each year. It is important for patients to read their medication instructions and for doctors and pharmacists to warn patients of the dangers.

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