Item: Flaxman Law Group
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Australia Study Could Shed Light on Fatigue-Related Truck Accidents in Homestead and Florida

Published on: August 28, 2013 | By Flaxman Law Group

A new Australia study has some insights that could help prevent truck accidents in Homestead and other Florida cities. According to the study’s authors:

•Heavy truck drivers who did not finish driver fatigue management training were six times more likely to be involved in an accident when compared with drivers who completed the training
•About half of the 200 truck drivers in the study smoked and 44% were obese
•Truck drivers with apnea were three times more likely to be involved in a truck accident when compared with truck drivers who did not have the medical condition

How is this study applicable to preventing truck and car accidents in Homestead and Florida? Most US studies focus on scheduled hours and work hours as a source of fatigue, but the Australia study from Curtin University focused on other causes of fatigue-related crashes. The study may suggest:

1) Preventing fatigue may be a taught skill. The Australia study focused heavily on fatigue management training, which teaches drivers how to recognize fatigue and how to deal with it. Teaching drivers how to cope with tiredness rather than just adjusting hours of service seems like a very commonsense approach.

2) Health may have a large role to play in preventing fatigue-related truck accidents. A number of US studies have also found that health factors, such as obesity and sleep apnea, can contribute to traffic accidents in Homestead and other communities. Drivers who smoke and are obese are more likely to suffer from cardiac disease and other illnesses which can be dangerous on the road. They are more likely to develop sleep apnea.

3) A number of underlying factors contribute to fatigue-related crashes. The Australian researchers stressed that fatigued driving has many causes, including health issues, scheduling, and other problems. They noted, for example, that some drivers are afraid to speak up about sleep apnea and other health concerns because they are concerned about losing their jobs. This suggests that addressing the various causes of fatigued driving at once is necessary to prevent more traffic accidents in Homestead and other cities.

Adding another item to learn may not go over well with motor carriers or drivers, however. Truck drivers are already subject to stricter rules, more rigorous testing and licensing requirements, and frequent checks when compared with passenger car drivers. However, if addressing health issues and getting fatigue management training would help prevent accidents and injuries, perhaps it is worth a try?

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Officials Want to Help You Avoid a Car or Truck Accident in Miami Beach This Weekend

Published on: July 3, 2013 | By Flaxman Law Group

With the Fourth of July weekend here, authorities and officials are warning Florida residents to use extra caution to avoid traffic collisions in Miami Beach and other communities. There are a number of risk factors involved this weekend, including:

1) Busier streets. Miami Beach sees an influx of tourists at this time every year, and this year is no different. More tourists and more visitors can mean more cars on the road as well as more pedestrians. To avoid being involved in a car crash in Miami Beach or surrounding areas, account for added traffic when planning your trips and use extra caution on the roads.

2) Parties and other events where alcohol will be served. During this weekend, alcohol is a part of many celebrations and authorities say that this can increase the risk of drunk driving accidents in Miami Beach and across Florida. If you plan on drinking, leave your car at home and use public transportation or a designated driver to get home safely. Leaving your car at home reduces the temptation to drive home. Keep in mind that even if you have only a “few drinks” your mobility and focus may be impaired enough to put you at risk of a serious accident. If you drink at all, find another way of getting home. Even if you do not plan on drinking, have a “get home safely” plan in place this weekend. That may mean having extra cash for a cab, a bus schedule, or a friend’s number on hand. This way, if you do end up drinking you can still get home safely.

3) Special events. Special events can mean more pedestrian traffic, traffic delays, and unusual traffic (such as food trucks or delivery trucks) crammed into a relatively small area. If you are headed to a special event this weekend, consider taking public transportation or carpooling. If you need to drive by a special event, stay alert for revelers and added traffic. Slow down and focus on driving.

4) More trucks in the area. More trucks in the area can mean a greater risk of truck accidents in Miami Beach. With the special holiday events and the number of tourists, there will be food trucks in the area as well as more delivery trucks in the community as businesses gear up for a busy tourist season. In addition, there may be more shuttle tours and bus tours for tourists, which can increase the risk of bus accidents in Miami Beach and surrounding areas. If you are driving this weekend, take extra care.

5) Busy schedules. If you are working this weekend or trying to finalize plans, you may find that you are distracted and trying to do too much. Unfortunately, distraction is a leading cause of truck and car crashes in Miami Beach and across the country. Delicate some tasks, turn off mobile devices when driving, and try to get some extra sleep this weekend. You will feel better and be safer on the roads.

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Reasons Why Everyone Needs to Be More Concerned About Truck Accidents in Miami and Other Florida Cities at This Time of Year

Published on: June 18, 2013 | By Flaxman Law Group

Truck accidents in Miami and other Florida communities are a year-round problem. Throughout all seasons, truck collisions cause hazardous spills, fatalities, and serious injuries. Each year, for example, people are rushed to local emergency rooms in Miami with burns and head injuries caused by truck collisions. In the summer, however, truck accidents can be an even greater risk for a few reasons:

1) Traffic tends to change during the summer. In the summer months, traffic patterns change for a few reasons:

•Seasonal businesses mean different trucks and more trucks on the roads
•Summer means more tourists on the roads, sharing space with trucks
•There are more pedestrians and bicyclists sharing the roadways with traffic
•Roadwork can mean traffic detours and changing road conditions
All of these changes may mean that drivers need to adapt to new road conditions to avoid being involved in a truck or car accident in Miami or their community.

2) There are more trucks – and different types of trucks — on the roads in the summer. Miami really comes alive in the summer, and this can mean more trucks on the roads as businesses order more products to meet tourist and customer demands. Higher truck traffic can mean more traffic collisions in Miami and surrounding areas, especially if the new truck routes are taken over by new drivers who are less familiar with the challenges of driving in Miami. Another road hazard at this time of year is that there are different types of trucks on the road – each with their own hazards. Moving trucks are more common at this time of year, for example, and can cause accidents. Food trucks and trucks moving event-related equipment are also more common and can cause unique challenges on the road.

3) Heat and weather become a factor during the summer. Miami summers mean high heat, humidity, and sometimes heavy showers. Unfortunately, these weather conditions can all contribute to truck, car and motorcycle accidents in Miami and across Florida. Heat can magnify drowsiness and fatigue while rain can cause slippery road conditions. Heat can also put extra pressure on older cars and especially on tires, potentially leading to tire blowouts and other problems. Glare and bright sunlight can easily cause car and pedestrian collisions in Miami and surrounding areas because bright sunlight reduces a driver’s ability to see clearly.

The bottom line is simple: driving conditions change considerably from season to season and to avoid collisions in the summer it is important for all Miami drivers to use extra caution and to adjust their driving to the conditions.

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Passenger Car Drivers Have a Key Role to Play in Preventing Distraction-Related Truck Accidents in Fort Lauderdale and Other Cities

Published on: June 14, 2013 | By Flaxman Law Group

When car and truck accidents in Fort Lauderdale and other cities occur, passenger car occupants are usually the ones injured due to the size difference between the two types of vehicles. While in some cases truck drivers cause the accident, distracted passenger car drivers are a major contributor to both truck and car accidents in Fort Lauderdale and across the state. While truck drivers are subject to strict federal rules designed to prevent fatigued driving, passenger car drivers have far fewer rules to follow. This means that passenger car drivers must take responsibility to prevent collisions. According to experts, there are several things that passenger car drivers can do to curb distracted driving:

1) Adjust car systems before driving or ask a passenger for help. It is a good idea to use a pre-programmed playlist on an MP3 player on a longer drive or to rely on pre-programmed radio stations, since changing a CD can be very dangerous on the road. In addition to music, A/C, mirrors, and other basic items should be changed or adjusted before starting the car – not on the road.

2) Mobile devices should be off when driving. Much has been written about distracted driving and cell phones. While commercial truck drivers are banned from texting and driving, Florida drivers of passenger cars do not face the same ban. Despite this, the road is safer for everyone when all drivers focus on the road rather than their cell phone. Turn the cell phone off before hopping in the car so that you will not be tempted to check the device. Studies have shown that talking or texting while talking does contribute to traffic accidents in Fort Lauderdale and other US cities. Research has also suggested that hands-free devices are not entirely safe, either, as they remove a driver’s focus from the road. The best practice, experts agree, is to leave mobile devices off entirely when driving.

3) Set rules for passengers. Conversations with other passengers can be very distracting. In fact, studies have shown that teen drivers, in particular, significantly increase their risk of a car accident with every passenger in the car with them. For adult drivers, children and pets can be a significant distraction. For this reason, it is a good idea to distract children with child-appropriate car games and to set rules for car rides. Pets should be placed in kennels or carriers for every car ride.

4) Do not eat or drink while driving. While many people know that drinking and driving accidents in Fort Lauderdale are a serious concern, many do not realize that safety experts consider drinking coffee (or any beverage) while driving to be very dangerous as well. Eating and drinking takes your focus off the road and if you spill your food you may be distracted enough to cause a serious collision.

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Should Motorists be Subject to the Same Laws as Truck Drivers to Prevent Truck Accidents in Miami Lakes?

Published on: April 25, 2013 | By Flaxman Law Group

Many experts believe that one of the reasons why car and truck accidents in Miami Lakes and other Florida communities are so prevalent is because car drivers are not subject to the same strict rules as commercial truck drivers. Car drivers are in fact allowed to text and drive in Florida, are allowed to drive fatigued, and can engage in a number of driver behaviors that put them – and others on the road — at risk. There are many laws that could potentially help reduce the instances of truck and car accidents in Miami Lakes and other Florida communities if they were applied both to commercial truck drivers and passenger car drivers:

1) No texting. Florida has been trying to pass a texting ban for regular drivers for years. There is currently legislation working its way through the system to potentially ban texting for drivers, but similar legislation has failed in the past. In contrast, government employees and commercial truck drivers, by federal law, are not allowed to text and drive. Numerous studies have shown that drivers who text and drive remove their eyes from the road for long enough to potentially cause a serious pedestrian accident or another type of collision. Many experts believe that instituting a texting ban could help prevent many types of traffic accidents in Miami Lakes and across Florida.

2) Screening and added education. Currently, in order to get a driver’s license in Florida, drivers must only get minimal training and spend some time in a car with a driving instructor. There is no requirement for refresher courses or additional training once a driver is licensed. In contrast, commercial drivers need to undertake very thorough testing and extensive education in order to drive a commercial truck. Most drivers also must take refresher courses and take part in continuing education in order to maintain their commercial driver’s license. Some experts feel that additional mandatory driver training for passenger drivers as well as refresher courses would help drivers stay safe on the road. After all, driving conditions, traffic, car designs, and driving ability change over a lifetime. Refresher courses would help address some of these changes and would help keep drivers safer.

3) Rules regarding fatigue. Commercial truck drivers are subject to federal rules concerning how long they can drive before taking a break and are subject to rules concerning the number of breaks and the length of breaks they must take before starting to drive again. In contrast, there are no set rules available for passenger car drivers, even though fatigued driving causes multiple pedestrian accidents in Miami Lakes and other communities as well as other types of traffic accidents. Experts agree that laws regarding fatigued driving would be difficult to enforce, but reducing the number of fatigued drivers on the road would also help make the roadways safer for everyone.

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Could Software Innovations Help Prevent Truck Accidents in Homestead and Across the Country?

Published on: April 16, 2013 | By Flaxman Law Group

Traditionally, truck drivers have self-reported distance driven, rest stops taken, and other details. By federal law, truck drivers must log this type of information and make this data available as needed. For years, personal injury attorneys in Homestead and other communities as well as victims of truck accidents have been upset with the system, noting that truck drivers can forget to write down important details – such as when they took a rest stop – or can falsify information in order to hide the fact that they were driving longer than they should have. Technology, according to some experts, could help prevent this common problem and may even be able to help prevent truck accidents in Homestead and across the country.

Software promises to be a more effective way to log distance driven, speed, stops, and other truck driver information. Software, according to experts, would be harder to falsify and would automatically track data so that truck drivers wouldn’t have remember to note down this information themselves. In the event of a truck or car accident in Homestead or another community, the software would make this information available in a reliable format, so that victims and personal injury attorneys could review the facts.

Software Innovations

A company known as Telogis has developed software that promises to reduce the number of truck accidents in Homestead and across the country. The software is designed to improve driver training and knowledge of safety practices and also works to track driver behaviors behind the wheel. Developed for commercial truckers, especially in the gas and oil industries, the software tracks safety belt use, acceleration, speed, maintenance needs, gas use, and sudden braking. The information is made available to both the driver and to fleet managers in real time.

The software was developed because truck drivers involved in the gas and oil industry face shift work, long haul drives, and deadline pressure on the job. According to the National Institute for Occupational Safety and Health (NIOSH), areas with well-developed oil and gas industries have a higher rate of truck accidents. However, experts believe that software such as this could help prevent traffic accidents in Homestead and across the country involving all types of commercial truck drivers, not just tankers involved in gas and oil industries. So far, software such as this has not been widely used, but in coming years experts predict that these types of systems will become standard for many motor carriers. After all, for motor carriers software can help them better track driver behavior and can help them weed out unsafe drivers who could embroil the truck carrier in a legal claim. In the event of an accident, the software can also help truck carriers defend themselves or can help provide hard data that can be used in a claim.

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Ways to Reduce Your Risk of Being Involved in Pedestrian Accident in Miami Beach or Your Community

Published on: March 5, 2013 | By Flaxman Law Group

Miami Beach is a great city to explore on foot. Unfortunately, like many South Florida cities, Miami Beach sees its fair share of serious pedestrian accidents. These accidents are especially tragic when they involve light trucks and commercial trucks, since the pedestrian has no chance at all against these larger vehicles. The higher bumpers often mean permanent or fatal injuries to the head and abdomen area. If you are driving a truck in Miami Beach, you need to be aware that tourists and pedestrians frequently walk around the community. You can help prevent pedestrian accidents in Miami Beach by:

1) Staying well away from pedestrians when driving. Florida law requires vehicles to stay three feet from bicyclists and pedestrians. Providing extra room ensures that even if a pedestrian makes a move you are not anticipating, you will be less likely to strike the pedestrian.

2) Not driving distracted. One of the leading causes of truck and car accidents in Miami Beach and other South Florida cities is distracted driving. Distracted driving is especially a concern in terms of pedestrian accidents because in many of these accidents a driver simply did not see a pedestrian in time to avoid a collision. Taking your eyes off the road, hands off the wheel, or your mind off of driving for even a few seconds is enough of a distraction to cause a serious car or truck accident in Miami Beach or your community. When driving, make sure to keep your full focus on the road.

3) Staying sober behind the wheel. Prescription drugs, some over-the-counter drugs, and illegal drugs and alcohol all can impair your judgment and your motor skills, putting you at risk of an accident. Drunk driving accidents in Miami Beach and other communities claim far too many lives each year. Don’t become part of that statistic. If you are not sober, find an alternative route home.

4) Using your eyes to look ahead to anticipate traffic – including pedestrian traffic. In many cases, pedestrians emerge from between cars or may cross outside of regular crosswalks. Always scan the sides of the road as well as the road itself in front of you, so that you can see any pedestrians who may be trying to cross the road. Use extra caution when approaching school areas, parks, playgrounds, and other areas where pedestrians may unexpectedly emerge.

5) Taking fender benders and near-misses seriously. These can be a serious sign that you need to upgrade your driving skills or that you need to speak with your doctor about your driving ability. Near accidents can be an indication that you need a little help to drive safely.

6) Getting a rear-view camera and display that lets you see behind the truck. These devices can even come with GPS systems, so that you can get help finding your destination while also being able to see behind your car when you back up. These devices are useful in helping you to prevent back over accidents in Miami Beach or your community.

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What Needs to Be Done to Prevent Distraction-Related Truck Accidents in Fort Lauderdale and other Florida Communities?

Published on: February 26, 2013 | By Flaxman Law Group

According to the National Transportation Safety Administration (NHTSA), five percent of the 3,446 commercial truck drivers in fatal collisions in 2010 were driving distracted. Since many experts believe that cell phone use was one of the key reasons behind distracted driving, in 2012 the Federal Motor Carrier Safety Administration (FMCSA) passed laws which prevent commercial truck drivers from using hand-held devices while driving. Yet, truck accidents in Fort Lauderdale and other Florida communities continue to be caused by distracted driving. Clearly, additional changes need to be made. Experts believe that a number of changes could be made to prevent these types of collisions:

1) Change attitudes about distracted driving. Currently, research and studies suggest that many drivers feel that distraction is okay as long as it is only for a few seconds. In addition, many drivers overestimate their driving abilities. In many cases, motorists cause truck and car accidents in Fort Lauderdale and other cities because they take their focus or eyes off the road for “just a few seconds” to check a text message, change their music, or otherwise do something other than driving. Attitudes need to be changed so that more motorists understand that even very short periods of distraction can cause a serious traffic accident in Fort Lauderdale or in their community.

2) Expand definitions of distracted driving. Currently, much of the focus of legislators in Florida is on texting and cell phones. While studies have shown that cell phone-related car accidents in Fort Lauderdale mother communities are a serious cause of concern, cell phones are far from being the only distraction available to drivers. Other passengers, daydreaming, road signs, music, and many other distractions exist. Drivers need to be aware that anything that takes their eyes off the road – even eating a sandwich from a drive-through – can lead to a potentially fatal traffic accident.

3) Increase ways to check for distracted driving. Currently, one problem that legislators in Florida have when trying to pass texting bans and other legislation to combat distracted driving is that it is difficult for law enforcement to enforce distracted driving laws. It is difficult for authorities to notice when someone is texting and driving, for example, since drivers can keep mobile devices in their lap. New ideas need to be developed in order to ensure that authorities can enforce any laws against distracted driving.

4) Toughen laws. Increasing penalties for drivers who drive recklessly can help ensure that drivers who make poor decisions behind the wheel are held accountable if their actions injure someone or cause a fatal accident. Currently, those who have been injured by a reckless driver do have the option of seeking personal injury claims in Fort Lauderdale or their community.

5) Make sure that all motorists – not just truck drivers – do not drive distracted. Currently, truck drivers are banned from using hand-held cell phones and from texting and driving. However, while commercial truck drivers are subject to multiple rules, motorists of passenger vehicles are not.

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Study Finds Most Truck Accidents are Caused by Human Error

Published on: February 21, 2013 | By Flaxman Law Group

A new study by the Accident Research Team at Volvo Trucks has found that 90% of truck accidents are caused by human error. Errors can include:

1) Speeding. Many truck and car accidents in Miami and across Florida are caused by speeding. When motorists speed, they can easily collide with trucks, which cannot stop as easily or as quickly as passenger cars. When truck drivers speed, the results can be catastrophic, since the size and force of a speeding truck can be enough to cause significant damage in any collision. Staying within the speed limit is one of the simplest ways to prevent an accident.

2) Errors caused by fatigue. Truck drivers are required by law to get certain amounts of rest. They are also subject to medical exams to ensure that they are fit to drive. Some drivers, however, doctor shop or avoid getting the required rest, and this can easily lead to car and truck accidents in Miami and South Florida. Regular motorists are not subject to the same regulations as truck drivers. Studies have shown that many drivers of passenger cars admit to driving fatigued or ill, even though most drivers realize that both are risks factors for a collision.

3) Errors caused by distracted driving. Truck drivers are banned from texting and driving, while regular motorists are not. Both truck drivers and passenger car drivers, however, routinely cause collisions because they take their focus and attention from the road. Whether it’s changing music, making a phone call, daydreaming, or having an animated discussion with a passenger, any form of distraction can cause a serious traffic accident.

4) Failing to judge distances and make appropriate maneuvers in time. Truck drivers need to anticipate well in advance, since their larger vehicles respond more slowly. Drivers are trained for this, but when they fail to follow their training, accidents occur.

5) Drinking and driving. According to the Volvo study, truck drivers are in fact less likely to drive drunk. Researchers found that 0.5% of truck drivers were drinking at the time of a serious accident, compared to 15-20% of passenger car drivers. Drunk driving accidents still remain an all-too-common type of accident in Miami and South Florida, however.

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Florida Takes on Texting Again: Will it Reduce Car and Truck Accidents in Miami and other Florida Cities?

Published on: February 14, 2013 | By Flaxman Law Group

Florida is considering Senate bill 52. If passed, the law would make texting and driving a secondary offense. This means that if drivers were pulled over for another offense and were found to be texting and driving, they would be fined for texting. State Sen. Nancy Detert, who is behind the bill, has been trying to get a texting ban passed in Florida for the past four years. She has faced some criticism from those who think the bill is too weak. She notes that she specifically seeks to make texting a secondary offense to make it more likely that the bill will pass. In the past, similar bills have not been able to pass the House. Last Wednesday, the bill was approved by The Florida Senate Transportation Committee.

In addition to Senate Bill 52, there is another texting-related bill lawmakers are putting forward. State Rep. Irv Slosberg and Sen. Darren Soto, D-Orlando are filing Senate Bill 708. If passed, that law would allow charged of vehicular homicide to be charged in cases where drivers cause accidents while texting and driving. If that bill passes, it will mean tougher penalties for texting drivers – even if Florida still remains a state where texting and driving are not technically illegal.

Florida is currently one of only eleven states to have no bans on texting and driving. This is despite the fact that numerous research studies and experts have noted that texting while driving is extremely dangerous. The National Highway Traffic Safety Administration, for example, has reported that drivers who text while driving are more than 23 times more likely to be in a crash when compared with un-distracted drivers.

Will a texting bill reduce the number of traffic and car accidents in Miami and South Florida? Many experts and lawmakers think so. The number of studies suggesting that distracted driving is as dangerous as drunk driving is growing. Legislation against drunk driving has helped reduce instances of drunk driving accidents in Miami and Florida, although these preventable accidents can still occur. Reducing distracted driving caused by texting could help reduce rear-end accidents in Miami – and other accidents caused by distraction.

Commercial truck drivers are already prohibited from texting while driving, thanks to federal rules. However, drivers in passenger cars can still cause catastrophic accidents when they choose to look at their mobile devices rather than at the road when driving. Passing legislation would at least allow police to stop drivers who text and drive and allow them to issue tickets.

However, the road to legislation is long. Numerous texting bills have already failed to pass in Florida. Many legislators feel that such bills put too many restrictions on personal freedoms. Some feel that the bills are not tough enough or do not take into consideration the many ways that distraction can occur in a car. While most lawmakers acknowledge that texting and distracted driving do cause traffic accidents in Miami and across Florida, there is no consensus on how to stop these accidents from happening.

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