Item: Flaxman Law Group
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Author: Clara Barman

How Motorists Can Help Prevent Truck Accidents in Hollywood and Other Florida Towns

Published on: January 7, 2014 | By Flaxman Law Group

According to the Florida Highway Safety and Motor Vehicles report, in 2010 there were 3,329 collisions in Florida in 2010 involving large trucks. Of these, 58 lead to fatal injuries and 1,800 led to some injuries. If you are a driver of a passenger car in Hollywood, you need to be especially aware of the risks of truck accidents because you are more likely to be injured in this type of accident when compared with a truck driver. According to the Insurance Institute for Highway Safety, 16% of fatalities involving truck accidents involved passengers of trucks while 66% involved passengers in other vehicles.

Truck drivers are put through careful training, testing, and screening and they are expected to show an obligation and responsibility to others who share the roads. Truck carriers have a duty to hire responsible drivers, maintain their fleets, and secure cargo correctly. Of course, drivers of passenger cars also have a duty to drive safely and to share the road safely, and this is an even bigger priority when one realizes that passenger car drivers and passengers are most likely to be injured in any collisions involving a big rig or tractor trailer.

If you drive a car, there are several things you can do to prevent a truck accident in Hollywood or your community:

1) Give commercial trucks plenty of room. The larger vehicles need it if they want to change lanes or merge. Giving extra room also ensures that trucks can see you and ensures that trucks can stop in time to avoid a rear-end shunt accident in Hollywood or your community.

2) Never try to drive by a tractor trailer making a right hand turn. Larger trucks often have to turn from the left lane and swing wide when making a turn, so when you try to squeeze by you could find your car crushed between the truck and the curb.

3) Avoid driving directly behind a truck or right up along the sides of a truck. It is likely that a commercial truck driver will not see you in these spots since large trucks and tractor trailers have such large no zones or blind spots. A good rule of thumb is to drive so that you can see the truck driver in his or her mirrors and try to make eye contact. Remember that if you cannot see the truck driver they likely cannot see you.

4) Avoid driving directly behind or in front of a truck. Large big rigs can weight 80 000 pounds when fully loaded and this means that they can take longer to brake. If you are directly in front of the truck, the truck may crash into you because it cannot stop in time. Similarly, if you are directly behind a big rig and you are on a hill, the truck may slow down suddenly or even slide backwards as they change gears, and this can cause a collision. If you are too close behind a truck, the truck driver may also not notice you when backing up the vehicle.

5) Give trucks extra room when changing lanes or passing. If the driver truck needs to brake suddenly, they will not be able to do so unless you give them extra room, since trucks take longer to come to a complete stop.

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Illness and Truck Accidents in Homestead and Other Cities: The Dangerous Connection

Published on: December 31, 2013 | By Flaxman Law Group

Truck drivers have a dangerous job. In fact, truck drivers are routinely listed as having one of the top ten most dangerous jobs in the U.S., with hundreds of truck drivers losing their lives on the roads across the country each year. However, it is not just truck accidents in Homestead and other cities that make this such a dangerous job. Truck drivers are also subject to a number of health issues because of their work. These health issues can end up costing lives and can also lead to truck and car accidents in Homestead and other communities. In fact, according to the National Transportation Safety Board (NTSB), about 10% of fatal truck accidents between 1987 and 1992 were attributed in large part to a driver’s health condition.

Commercial truck drivers must undergo a physical every two years according to the U.S. Department of Transportation. These check-ups are intended to note any health concerns that could make drivers dangerous on the roads. However, safety experts note that there are problems with the system. Not all doctors, for example, are aware of the risks that truck drivers face, so they do not always check for some common health problems. In addition, some truck drivers shop around for doctors who are willing to give a clean bill of health, since losing time away from work can mean income lost. Finally, some safety experts feel that tests every two years are not frequent enough to catch serious health conditions.

There are a number of reasons why truck drivers may be more likely to suffer serious health concerns:

1) They face serious stress. The stress of sitting in a truck all day, dealing with heavy traffic and tight deadlines, can have a serious effect on cardiac health.

2) They have a sedentary work lifestyle. Truck drivers spend a lot of their work day sitting down, and many studies have shown that sitting down for long work hours can increase the chances of fatal illness, including heart problems. Due to long hours, some drivers may have a hard time finding time to exercise.

3) They face the dangers of shift work. Many studies have suggested that workers who work in shifts are more likely to suffer from sleep disorders, cardiac issues, and other health concerns. Part of the problem seems to be that the body has a hard time adjusting to different sleep patterns.

4) They may have a difficult time eating healthy on the road. Truck drivers often face tight deadlines and long drives, so they may need to eat on the road. Since they have little time to eat and since commercial trucks may not fit in all parking lots, many truck drivers may be tempted to eat fast food, which is easy, fast, convenient, and inexpensive. Unfortunately, eating this food – combined with a sedentary life – can lead to obesity, which in turn can lead to diabetes, cardiac problems, stroke, cancer, and many other serious illnesses. These illnesses, in turn, can inadvertently lead to traffic collisions in Homestead and other communities.

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Stress and Holiday Shopping Could Conspire to Cause Car and Trucking Collisions in Homestead

Published on: December 10, 2013 | By Flaxman Law Group

According to a new study by State Farm Insurance, there is cause to worry about car and truck accidents in Homestead at this time of year. According to the study, about 32% of polled drivers admitted that they become more aggressive on the roads during the holiday season. Those under the age of 49 and those who are parents are especially prone to aggressive driving.

According to the study’s authors, a large part of the problem is the pressure of the holidays. People feel more stress during the holidays as they try to find presence, try to do more, and worry about finances. All of these factors can be a distraction behind the wheel and can also contribute to aggressive driving.

In addition to the stress and pressure of the holidays, this time of year also means more traffic. There is more truck traffic in particular as more stores order additional merchandise and as customers order gift deliveries and other deliveries for the holiday season. The extra pressure and the extra traffic can make for a deadly combination.

According to a study by University of Alabama professor David Brown, as a result of the pressure the holidays, there is a spike in traffic accidents during this time of year. Looking at 10 years of crash data, Brown concluded that the six days around Christmas are especially prone to accidents. During this period of time, there are 18% more reported collisions than during Thanksgiving, which is the heaviest travel period of the year. The six days around Christmas also see 27% more crashes than New Year’s Eve, when drunk driving accidents in Homestead and other communities is a concern. According to the Highway Loss Data Institute, reported claims for car accidents increase by 20% in the month of December, and this may not reflect the total number of car accidents, since minor fender benders in parking lots may go unreported.

According to safety experts, there are a number of things that can be done in order to help prevent car accidents at this time of year:

1) Be aware of the risks. Knowing that there are more truck and car accidents in Homestead and other communities at this time of year means that you can be more cautious when driving. According to Brown, this year, the Friday, Saturday, Sunday, and Monday before Christmas are all especially prone to traffic accidents. Last-minute shoppers will be traveling on these days, stores will be open, and that will be compounded by commuter traffic and by people leaving for the holidays during the weekend.

2) Focus on reducing speed. Speed can especially lead to tragic accidents and speeding is considered one of the most common outcomes of aggressive driving. Staying within speed limits can help reduce your risk of an accident and can increase your chances of surviving a collision.

3) Reduce distractions. Especially with more traffic on the road, it is important to fully focus on driving. Put away cell phones, shopping lists, and any other distractions. When driving, try not to focus on your to do list or the pressures and stresses you may be facing; instead, focus on driving and on getting to your destination safely.

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How to Avoid Being in a Truck Accident This Holiday Season

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

Truck accidents in Homestead may be more likely during the holiday season. There are many reasons for this:

•There are more trucks on the road
•There is more traffic of all types on the road
•Trucks are making more deliveries, so they are more often
•Truck drivers are often given unfamiliar routes during the holidays, because people are ordering more things, and this unfamiliarity can lead to accidents
•Truck carriers are hiring temporary drivers for the holidays, and this can lead to less careful screening of employees
•Both truck drivers and passenger car drivers are more distracted because of the busyness of the season
•There can be more DUI accidents during this time of year, due to holiday events
•The days are shorter, and visibility can be a factor

The good news is that there are ways to prevent holiday-season truck and car accidents in Homestead or your community. According to experts, there are many things you can do:

1) Take good care of yourself. Driving distracted, tired, or unwell can increase the chances that you will be involved in a traffic collision in Homestead or your community. Don’t try to do too much during the holiday, and make sure that you get plenty of rest. If you are ill, make sure that you take time away from your holiday schedule and try to rest rather than getting in your car to complete some shopping. Do not try to multitask when driving and avoid driving if you are tired or ill.

2) Make sure your car is ready for the holiday rush. A car that handles correctly is more likely to help you avoid a collision if you need to swerve suddenly or maneuver unexpectedly in order to avoid a crash. Get a tune-up for your car and make sure that it is ready for the driving conditions. For example, if you will be traveling out of state this holiday season, make sure that you have good-quality winter tires for the trip.

3) Be especially aware of trucks on the road. There will be more trucks on the road, and you will want to be aware that these trucks may be stopping or making deliveries more often. When you see trucks around you, make sure that you stay out of their blind spots and give them plenty of room to maneuver.

4) Consider visibility. Avoid driving directly behind large trucks that block your view of the road and take steps to ensure that you can see well, even with the shorter days and rains that can happen in the winter. Make sure your headlights are in good working condition and you have glasses or contact lenses – with a recent prescription – if you need them.

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Why Truck Accidents Continue to Happen Despite Safety Measures and New Laws

Published on: October 31, 2013 | By Flaxman Law Group

Truck drivers and motor carriers are subject to many rules and regulations. Truck drivers, for example, must not exceed certain driving times and must log hours driven as well as rest periods. They must check their trucks regularly to ensure that the trucks are safe. Motor carriers must carefully choose, train, and screen the truck drivers they hire and must not permit overloaded trucks on the roads.

New laws are passed each year regarding hours of service and other rules that truck companies and drivers must follow. However, truck accidents in Hollywood and other communities continue to be an issue and continue to cause many fatalities as well as many injuries each year.

Why do the laws not seem to be enough?

Unfortunately, despite the rules, attempted enforcement and the penalties for rule violations, some truck drivers and motor carriers not only violate the laws and rules, but go out of their way to do so. In many cases, the incentive is financial. For example, some truck carriers and truck drivers continue to overload their trucks past what is permitted by law. They may take back roads in order to avoid scales and weighing stations. They may also falsify documents in order to make it appear that a truck is within legal weight limits. In many cases, it is simply less expensive for motor carriers to send out trucks that exceed weight limits rather than sending out multiple trucks.

Some truck carriers and drivers also ignore rules regarding falling debris and cargo from trucks. Truck drivers should stop when they see cargo falling from their truck but they do not always notice. In some cases, truck drivers simply wait for municipalities to clean up the mess. If a truck driver has been negligent in securing the cargo and in stopping when they notice falling cargo from their truck, the truck driver and the motor carrier can be held liable if someone is injured in car accident in Hollywood because of the falling debris.

A common rule that is violated concerns hours of service limits. Truckers are required to get a certain amount of rest every day, have limits on how long they can drive before rest, and must meet other rules as well in order to keep everyone on the roads safe. When truckers or motor carriers fail to obey state rules, serious accidents and injuries are the result.

A careful investigation by a personal injury attorney in Hollywood or your community may determine that the at-fault truck was overweight or was breaking other rules. If the attorney finds that violating trucking rules led to a tire blowout or other dangerous situation that led to your accident, you may have a legal claim under Florida law and you may be able to pursue compensation to help pay for medical bills, lost wages, and other damages.

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Poor Maintenance Can be an Issue with Moving Trucks and Can Lead to trucking Accidents in Hollywood

Published on: October 22, 2013 | By Flaxman Law Group

Moving truck companies lease trucks to do-it-yourselfers who want to move themselves. Many people are eager to hire trucks for their move as it can save a lot of money when compared with professional movers and moving companies. Being able to pack yourself also provides you with more freedom and allows you to be sure that you pack everything safely and securely.

Unfortunately, a number of investigative journalism pieces and a number of consumer complaints have revealed that some moving truck companies and truck rental companies are negligent when it comes to providing safe and correctly maintained trucks. In legal claims, victims who have been injured in truck accidents in Hollywood and other communities have claimed that truck companies purposely failed to maintain their trucks, failed to respond to complaints about poor truck maintenance, and even went so far as to switch plates on certain trucks and moved them out-of-state in order to avoid having to perform basic and routine maintenance on trucks that have known issues.

When a moving truck fails to work correctly, it can mean a lot more than just a delay on moving day. In some cases, people have dealt with failed brakes, tire blowouts, and other serious complications with their trucks, which have led to truck and car accidents in Hollywood and other communities.

Unfortunately, getting help after a serious truck accident involving a rental truck can be very complicated. Trucks companies may claim that the person renting or driving the truck did something to cause the accident and that they are not responsible in any way for the damages. Often, it requires working with an experienced personal injury lawyer in Hollywood or your community in order to get the facts. A personal injury attorney can work with accident reconstruction experts and other experts who can carefully examine the truck in order to determine whether it was incorrectly maintained. If it was, you may have a legal claim against the truck company that can help you pay for additional moving expenses, medical bills, property damage, and more.

Many victims who have been injured in a traffic accident in Homestead don’t bother contacting a personal injury attorney because they fear the high cost of legal fees. However, it is important to note that many attorneys work on a contingency fee basis, meaning that plaintiffs do not have to pay for legal costs until and unless the attorney gets a settlement or court win on behalf of the client. Some attorneys also have free accident consultations so that you can learn what the likely costs of your injuries and the likely strength and value of your case might be.

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What Can Passenger Car Drivers Learn from Truck Drivers to Stay Safer?

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

Truck drivers, although they have a very dangerous job, are less likely than passenger car drivers to cause car and traffic accidents, according to a number of studies. In fact, according to researchers, passenger car drivers are more likely to be the at-fault driver in any car accident involving a truck and car.

What do truck drivers know that helps them prevent accidents? They tend to understand that:

1) Treat driving like a job. Many motorists feel casual and overconfident about driving. They feel that they can multitask while driving or think that they can casually get from point A to point B with no problems. Truck drivers, on the other hand, treat driving like a job, because it is one. They approach it like professionals because they understand that a casual attitude can lead to traffic accidents in Hollywood and other communities.

2) Stay accountable. Commercial truck drivers are expected to stay accountable, thanks to federal and state laws and guidelines. They need to make sure that they check their cargo, tires, and truck before every drive, for example, and they are subject to medical tests and other random checks. They must also keep a travel log and note any problems as well as total hours driven. These rules tend to ensure that truck drivers stay aware of their driving time, vehicle, and other issues. Passenger car drivers may reduce their risk of a truck or car accident in Hollywood or their community by staying more accountable and by being more aware of their driving habits, their car, and their driving skills.

3) Your vehicle counts. It’s hard to prevent a collision if your car does not respond the way you expect it to. Truck drivers check their vehicles before each drive and have teams of professionals to maintain the trucks to keep them in good working order. Truck carriers replace their fleets periodically as well. Of course, tire blowouts and other issues still happen in Hollywood and other communities, but many are prevented with careful maintenance. You can help reduce your own risk of a crash by keeping your car in good shape and by getting maintenance regularly. Walking around your car before you hop in and checking to make sure that all seems well can also help.

4) Fatigued driving and distracted driving are fatal. Many car and truck accidents in Hollywood and across the country are caused by people falling asleep at the wheel and by drivers who are so tired that their response times are affected. Truck drivers are not allowed to text and drive by federal law and must take specific rest breaks when driving. Passenger car drivers can also reduce the risks of fatigued driving and distracted driving. Even though texting while driving is not banned in Florida, simply put always your mobile devices before stepping in the car. Get adequate sleep before driving and if you feel tired or ill, take another method of transportation rather than risking a car crash.

5) More training is important. Commercial truck drivers must pass much more rigorous testing and training before getting their license. Many car drivers, on the other hand, spend only ten hours of in-car driving, some classroom training and go through a testing process when they get their driver’s license. There is no re-testing or re-training, even if the driver’s mobility or health changes. Many drivers, however, can benefit from additional training or additional courses.

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Bad Habits That Could Lead to a Trucking Accident in Homestead or Your City

Published on: September 20, 2013 | By Flaxman Law Group

Some habits that you may engage in without thinking twice about them could actually be increasing your risks of being in a traffic accident in Homestead or your community. Are you guilty of any of these bad habits while driving?:

1) Multi-tasking. If you are trying to do more than one thing and one of the tasks you are trying to complete is driving a car, you are doing too much. When you are driving, you should not be focused on any other task. If your mind is thinking about a work project, you can easily miss cues on the road and that can lead you to cause a pedestrian accident in Homestead or another traffic accident.

2) Not treating trucks differently than cars. Trucks are different, and not only because of their size. They have far more blind spots, which means that when you drive too closely to them, the driver may not be able to see you. In addition, trucks handle differently than passenger vehicles. If you cut off a truck, it may not be able to stop in time and you may find yourself in a rear-end car crash. Trucks may also make more frequent stops along their route, so you need to be prepared to stop if you are following a truck.

3) Not paying attention at turns. Trucks turn wide and this can mean that you end up in a squeeze play accident if you do not pay attention. Always keep alert as to where a truck is turning and give the truck driver plenty of space to complete the turn.

4) Not making eye contact with other drivers. Making eye contact with other drivers and with pedestrians and bicyclists ensures that others on the road can see you. This can ensure that others are aware of your presence and you don’t crash into them. With a truck driver, making eye contact is especially important. Since trucks have so many blind spots, you need to be extra cautious in making sure that the driver can see you.

5) Lack of signaling and checking. Many drivers simply weave into another lane or make a turn without checking blind spots or mirrors – and without signaling. This bad habit can easily lead to a truck or motorcycle accident in Homestead or your community because there could be a vehicle in your own blind spot. Not signaling can also make it hard for truck drivers to know where you are headed, and they may not have enough warning about your intended move in time to avoid an accident.

Do you have bad habits that could lead to a fender bender or more serious accident?

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Do You Need to be in the Trucking Industry to Prevent Trucking Accidents in Hollywood and Other Cities?

Published on: September 17, 2013 | By Flaxman Law Group

Many people assume that they need to be in the trucking industry or in politics to make big changes in reducing the number of car and trucking accidents in Hollywood or Florida. Nothing could be further from the truth. Individual people just like you have made big changes that have affected car accident rates in Hollywood and other communities. For example, a group of mothers who lost children to drunk drivers created MADD, an organization that has created changes to reduce the number of drunk driving accidents in Hollywood and across the country.

If you are committed to stopping traffic accidents in Hollywood and your community, you may have more resources than you think, including:

1) Political resources. As a taxpayer, you have elected representatives that are eager to hear from you. If you have concerns, your local elected legislators can take your concerns to the state and local governments and even to the federal governments. Whether you support specific laws that could reduce truck and car accidents in Hollywood or have ideas for new laws, write to your local representatives or attend city meetings to make your voice heard. If you see street designs and poor street maintenance that could lead to car and motorcycle accidents in Hollywood, let the city know and follow up with your request. You can even run for office in your community to make big changes.

2) Advocacy groups. There are a number of groups that advocate for better road safety and for trucking safety. In some cases, these groups are made up of people who have been injured or who have suffered loss due to traffic accidents. Joining can mean that you help to make law changes and raise awareness that can make a big difference. There is power in numbers.

3) The courts. If you have been injured in a traffic accident in Hollywood or any city, you may be able to file a legal claim if your injuries were caused by recklessness or negligence. Filing a legal claim can secure compensation for your injuries, but it can also force important safety changes. Motor carriers tend to take legal claims seriously and will sometimes act to prevent further legal action by making safety improvements.

4) Your own community. Your own community is a great place to start making changes. There are probably others in your city or neighborhood who are concerned about truck or bicycle accidents on their streets and may be willing to work with you to raise awareness or to approach the city about making safety changes to keep residents safe.

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New Trucking Rules Could Prevent Traffic Accidents in Homestead and Other Communities, But Some Debate Remains

Published on: August 10, 2013 | By Flaxman Law Group

New federal rules will ensure that truck drivers get more rest. The Hours of Service rules went into effect on July 1 and mandate:

-That truck drivers work a maximum of 70 hours weekly (previously the limit was 82 hours)
-That truckers must rest for 34 consecutive hours before “resetting” a week and starting their new 70-hour week. The rest period must include at least two nights of 1am-5am rest time.
-That truckers have a maximum 14-hour workday and a daily driving limit of 11 hours.
-That truck drivers must take a half-hour rest during the first eight hours of a working shift.

The Federal Motor Carrier Safety Administration (FMCSA) predicts that the new regulations could prevent 19 fatalities annually and stop 1400 trucking accidents across the country.

While fatigue is a contributing factor in car and truck accidents in Homestead and across the country, however, not everyone agrees that the new rules are needed. The American Trucking Associations Inc. challenged the new rules in court. In early August, a federal appeals court upheld the rules. The only change made is that short-haul truck drivers will not need to take a 30-minute break during the first eight hours of their shift. U.S. Circuit Judge Janice Rogers Brown also rejected legal claims made by some groups, including the Truck Safety Coalition, that the rules should go further.

While the American Trucking Associations Inc. v. FMCSA, 12-01092, U.S. Court of Appeals for the District of Columbia (Washington) seems to be resolved, however, the debate continues. The American Trucking Association Inc. and other groups allege that the new rules will reduce productivity and worsen a labor shortage without addressing other causes behind truck accidents. Other groups allege that more can be done to prevent truck and car accidents in Homestead and other communities. They argue that 70-hour workweeks are still too long and unsafe.

The studies and research do seem to suggest that more needs to be done to prevent truck-related traffic accidents in Homestead and across the country. According to the Bureau of Labor Statistics have the eighth most dangerous job in terms of worker fatality. Truckers also have a shorter life expectancy when compared with other workers. The Centers for Disease Control report that truck drivers have a life expectancy of 61. That is 16 years shorter than the average American.

A joint 2007 study by the National Highway Traffic Safety Administration (NHTSA) and the FMCSA concluded that fatigue is a factor in about 13% of serious truck accidents involving large trucks. The trucking industry has always maintained that the number is quite lower. According to the NHTSA, in 2011 truck fatalities across the country increased 2% and injuries rose 10%. It has led to more opinions in the debate: what causes these accidents and what can be done to prevent them?

It is true that truck-related fatalities and injuries in Homestead and other communities are caused by a number of factors, including driver inexperience, driver error, poor truck maintenance, fatigue, distraction, and other factors. Personal injury attorneys in Homestead and other communities often spend months compiling data and working with private investigators to determine the cause of a crash. However, if the research is true and the new rules will save 19 lives, surely that is worth the effort.

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