Florida
Trucking Accident Lawyer Blog

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

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

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

3) Improving the safety of motor carriers by targeting unsafe carriers. The NTSB has been recommending stricter measures against trucking companies and motor carriers who put unsafe vehicles or untrained drivers on the roads. However, the NTSB has concluded that progress in this area has been “unacceptable.” Both the NTSB and experts agree that too many trucking companies with unsafe safety records are allowed to continue operations.

4) Preventing medically unsafe commercial drivers from getting behind the wheel. The NTSB has several recommendations in this area. According to the Federal Motor Carrier Safety Administration, safety could be enhanced if there was a comprehensive medical oversight program in place for interstate commercial drivers. The NTSB also recommends medical certificate applications for all commercial drivers and improved tracking for these applications. Further, the NTSB recommends better training for examiners and a better system of medical problem reporting. Finally, the NTSB recommends a better system for tracking down and cracking down on invalid medical certificates for commercial drivers. The NTSB reports that currently progress on these goals has been “slow.”

5) Using enhanced vehicle safety technology. The NTSB advocates the use of collision warning systems, adaptive cruise control, and other enhanced vehicle safety technologies, especially for commercial drivers. However, the NTSB reports that use of such systems is proceeding at a “slow” pace.

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

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

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

A commercial truck driver may flee the scene of an accident for the same reasons. However, he or she may also fear losing their job and may panic about the possibility of their employer’s anger. If a commercial truck driver is driving under the influence, he or she might worry that a sobriety test may cost them their driver’s license. A truck driver may also be under-trained or under-qualified and may panic and flee the scene for this reason.

There are no excuses for leaving the scene of an accident. Truck drivers and passenger car drivers have a responsibility to stop and offer help after an accident. Any driver who fails to do this is putting lives at risk and is behaving in a callous and negligent manner. If you have been seriously injured in a hit and run truck accident, Florida law protects you and ensures that you qualify for legal redress which can help you pay for medical treatment and other costs.

If you have been in a hit and run track accident, it is very important to contact a qualified Florida personal injury attorney at once. Attorneys – such as at the experienced team at the Flaxman Group – can advise you of your legal rights and can help you find the driver who has caused your injuries. By contacting a qualified attorney quickly, you also increase the chances of finding the driver, as an attorney can quickly launch an investigation into the accident. Good Florida personal injury attorneys can investigate all the contributing factors of an accident and ensure that you get all the help you need in pursuing justice. A good attorney can help ensure that you receive the compensation you are entitled to under the law to cover medical expenses and other costs related to your injuries.

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

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

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

2) Motorists are required to move to a further lane on a multi-lane roadway (if it is safe to do so) when approaching a stopped police car, fire truck, tow truck, wrecker, or emergency vehicle that has its lights flashing. Motorists are also expected to use extra caution when passing by or driving by past these vehicles. Drivers of fire trucks, tow trucks, and other emergency response vehicles need extra room to do their job and may need to move their vehicles unexpectedly to deal with a situation on the roadside. The Move Over Law is designed to help prevent any accidents when emergency personnel are responding to a call.

3) Motorists are required to not impede traffic and must obey any law enforcement officer at the scene of an accident or other problem where a police car, fire truck, tow truck, wrecker, or emergency vehicle is stopped. Failure to slow down, move over, or use extra caution around these emergency vehicles will result in a citation.

If you are injured by a driver who is not obeying the Move Over Law, you may be eligible for assistance because any such driver is being negligent. Contact a qualified Florida personal injury attorney to discuss your case. If you have suffered a serious injury, your attorney can help you receive a fair claim which can help you pay for medical costs and other expenses. Attorneys at the Flaxman Group have helped many traffic accident victims get the help they need. If you need a Florida personal injury attorney who can help, contact the Flaxman Group.

Tow trucks are designed to help cars who have stalled or have been in an accident – but what happens when these trucks cause accidents? Although tow trucks have a lower accident rate than commercial trucks, they still do pose a danger on the roads. According to the Tow Truck Association of America, 60 or more tow truck operators are killed annually each year while helping customers on the road. In addition to these lives lost, many car accidents are caused when tow trucks and cars collide on the roads.

Tow trucks are at a high risk of collisions for a number of reasons:

1) They are often expected to arrive in dangerous situations. Tow trucks are often called to accident scenes, crowded parking lots, and the sides of roads where a flat tire has occurred. These large trucks must then maneuver among other cars or obstacles in order to position the tow truck correctly to help a stranded motorist. Other motorists may not expect to see a tow truck or a tow truck may simply not have enough room to do their job safely.

2) Hooking up a car to a tow truck can be challenging. If a car is not correctly attached and secured, it can roll off a tow truck when the tow truck is moving. This can cause the car to crash into a vehicle behind the tow truck. It can also cause the car behind the tow truck to swerve, causing an accident. When tow truck drivers do not correctly secure a car being towed, they can be held liable for damages caused by a resulting accident. The Tow Truck Association of America has called for increased training for tow truck drivers to ensure that these types of accidents occur less frequently.

3) Brake lights on tow trucks are not always very visible. On some tow trucks, braking lights are not very visible and on some models of trucks, these lights may be completely obscured if the truck is towing a larger vehicle. In some cases, brake lights or supplemental lights may short-circuit and not work properly. Unfortunately, tow trucks make frequent and unexpected stops, so if a truck’s brake lights are not working correctly, there is a very high risk of collision. In many cases, the tow truck company or the company owning the tow trucks can be held liable if a truck’s tow lights are not correctly maintained.

4) Motorists sometimes ignore the rules of safety when passing tow trucks. According to the Towing and Recovery Association of America, when motorists see a tow truck, they should give the truck plenty of space and should slow down. Motorists should keep their eyes on the road and move out of the area in a timely fashion. If you require a tow truck, the Towing and Recovery Association of America recommends moving the car off the road (if no one has been injured). If your vehicle is experiencing mechanical problems but can still drive, move your car off the freeway if you can. This gives tow trucks added room and can help prevent a secondary accident.

If you have been in an accident involving a tow truck, keep in mind that a tow truck is a commercial vehicle, just like a delivery truck. Help anyone who is injured and take down as much information as you can. Since tow truck drivers and towing companies have powerful insurance companies, many victims injured in tow truck accidents have found that a good personal injury attorney is indispensable. If you have sustained a brain injury, serious lacerations, burns, spinal cord injury, or any type of personal injury in a tow truck accident, contact a good Florida personal injury attorney. Attorneys at firms such as the Flaxman Law Group can work with you to ensure that you receive a fair settlement that helps you with medical costs and allows you to focus on your recovery.

Drunk driving accidents involving passenger vehicles kill and injury many people each year. Truck accidents caused by drunk driving and illegal substances can be even more angering, since truck drivers are carefully monitored and regulated. Truck accidents involving illegal and controlled substances are very preventable. Unfortunately, these types of accidents also cause serious injuries. Since trucks are so large, they can easily crush other cars, bicycles, and pedestrians, causing devastating brain injuries, spinal cord injuries, and fatalities.

Many types of substances can be associated with DUI truck accidents:

1) Alcohol. The decision to have a few drinks on a hot day can have serious consequences for a truck driver. Driving over the legal blood alcohol limit makes a truck driver more likely to lose control of the vehicle, make mistakes while driving, or even drift off behind the wheel. Truck drivers who drink and drive are even more dangerous than drivers of passenger vehicles who do the same thing.

2) Illegal substances. Just like the rest of the population, truck drivers sometimes choose to take illegal drugs. Unfortunately, these drugs can make them hallucinate, can raise their heart beats, and can make them lose consciousness or fall asleep – while they are driving a truck. Some drugs – such as cocaine – put users at risk of a heart attack or other serious health problems. A truck driver who takes too much cocaine and has a heart attack will likely kill others on the road as he or she loses control of their car. Some illegal drugs leave a driver completely unable to focus or make rational decisions – not a safe state for a driver.

3) Medication. Surprisingly, it’s not only alcohol and illegal drugs that can cause truck accidents and truck-car accidents. Many prescription medications and even over-the-counter medications have side effects and should not be taken while driving. Many allergy and cold medications, for example, cause drowsiness. The prescription medications for some conditions can cause dizziness or other symptoms that are dangerous behind the wheel. In some cases, taking prescription medications incorrectly or in the wrong doses can also lead to dangerous side effects. It is the responsibly of the truck driver to listen to his or her pharmacists and doctor and to take medications exactly as prescribed.

4) Stay-alert substances. Since many truck drivers are paid by the load or by distance traveled, many truck drivers have financial incentives to drive as long as possible – even though there are strict regulations in place regarding frequent breaks and rest stops. Some drivers take caffeine and even stronger substances to stay awake in order to meet deadlines. There are over-the-counter caffeine products and energy drinks as well as illegal substances that promise to keep users awake. The problem is that drivers can easily fall asleep, even when taking these products, potentially causing a serious accident.

Whether you have a child just learning to bicycle or have a teen looking forward to their first summer with a driver’s license, at this time of year, it is important to sit your children down and talk truck safety. Trucks are actually more plentiful in the summer, when summer roadwork can mean more trucks and construction sites. Unfortunately, these sites can easily draw young children who are curious about the vehicles and road work or construction. To prevent the pedestrian accidents and bicycle accidents that can be a very real risk when children play around trucks, make sure that you:

1) Teach your children to never play around trucks. It is useful to explain to children what the consequences of playing around trucks might be. However, it is also important to be specific. Explain how far children need to be away from trucks to be safe. When out with your children, point out a truck and ask your child to show you how far from the truck he or she should stand.

2) Teach your children to make eye contact with truck drivers. Practice making eye contact with truck drivers when out and about with your children and enforce the idea that truck drivers can only see a person when they make eye contact with that person. Truck drivers are less likely to see children, because children tend to be small. Make sure your children know how to make eye contact and walk safely around a truck.

3) Teach your younger children good bicycle safety. The better your children understand and follow bicycle safety rules, the less likely they are to be in a serious bicycle accident. Make sure you teach your children to wear helmets – which can reduce the risk of brain injuries dramatically – and to signal turns clearly. Truck drivers are more likely to see your child and drive safely around your child if your child knows the rules of the road.

4) Cover basic truck safety rules with your teens. Even if your teen has just had driver’s training, go over truck safety rules again. Truck accidents are more likely than car accidents to result in fatalities, so it is a good idea to discuss defensive driving as well as safety rules.

5) Practice what you preach. Your children will be more likely to practice good safety rules if they see you being safe, as well. There’s no point in telling your teen to not drive and text if you drive and text yourself. Allowing your children to see you following safety rules reinforces the idea that safety is the right choice.

Bill HB 1271 will increase the maximum weight allowable for trucks. Currently, trucks in Florida must carry no more than 80,000 pounds in weight. The bill will allow trucks of up to 88, 000 pounds on Florida’s roads. Some concerned citizens have been speaking out against the bill and some hoped that Governor Charlie Crist will veto the bill.

Experts note that such an increase in weight could significantly increase road damage caused by trucks. According to the Florida Coalition for Safe Highways, there will be no larger fees for the trucking companies if the heavier trucks are allowed. This means that in some municipalities, the condition of roads might deteriorate if the community cannot find funds to fix the roadways more quickly. Poor road conditions, in turn, may increase the risk of car accidents, truck accidents, bus accident, and even bicycle accidents. All vehicles and pedestrians rely on roads in good condition, and according to the Florida Coalition for Safe Highways, heavier trucks threaten the condition of roads.

The Florida Coalition for Safe Highways is also concerned about the safety of trucks with larger loads. According to the group, the extra 8, 000 pounds can impact a truck’s ability to slow down and stop, which can contribute to trucking accidents. As well, heavier trucks will require more driver awareness. However, most drivers today are trained on 8, 000 pound trucks, so there is some concern about the preparedness of truck drivers for the heavier trucks.

The Florida Coalition for Safe Highways does not want heavier trucks on the roadways, but is especially concerned that heavier trucks may be permitted on roadways without additional safety measures. The group believes that at the very least, the bill should make provisions for additional mandatory driver training and new requirements for axles to make heavier trucks safer.

The Florida Trucking Association supports the bill and notes that the industry has placed an emphasis on safety which has reduced trucking accident fatalities. According to the Florida Trucking Association, heavier trucks mean fewer trucks on the roads, less driving time and less fuel used, which is better for the trucking industry and for drivers.

The Florida Association of Professional EMTs and Paramedics has also spoken out against heavier trucks on Florida’s roads, noting that the heavier trucks may damage the roads and the state’s many bridges. Some of Florida’s bridges are already in poor repair, and there is concern that heavier trucks may render some of these bridges unsafe for other drivers and may even impact emergency medical access to some areas.

Bill HB 1271 was signed by Governor Charlie Crist on June 4, despite vocal protests by many groups. Companies will be able to start putting heavier trucks on the road as early as July 2010. It is expected that The Florida Coalition for Safe Highways and other concerned groups will attempt to have the law repealed.

Trucking companies have an obligation not only to deliver products safely and in a timely fashion for their clients, but also to keep the roads safe for everyone. Certain trucking company operational practices can have a profound impact on accident rates. For example, when truck companies hire experienced, qualified drivers and ensure that all drivers in a fleet have adequate training, the companies are taking steps to make the roads safer for everyone. Similarly, when truck companies take care to maintain their fleet of trucks, they are working to help prevent pedestrian accidents, car accidents, and bicycle accidents involving their trucks.

The way that truck companies pay their drivers can also have a significant impact on road safety. In some cases, experts note, truck companies offer truck drivers inadvertent encouragement to speed or reduce rest stops. For example, if a truck company pays a driver by the mile, the driver may feel a subtle pressure to speed or to drive when fatigued in order to make more miles in order to make more money.

As well, many truck drivers spend hours or days on the road. If they are being paid by the load or by the mile, and they have little to do but drive, they may be tempted to speed and to cut corners on rest stops in order to get the job done and in order to take home more income. Many trucking companies also only pay drivers for driving. Time spent loading or unloading the truck, time spent resting or idling, and time spent doing paperwork is all unpaid work, and this can push drivers to drive more and drive faster to make up for all those unpaid hours.

According to Owner Operator Independent Drivers Association (OOIDA), truck drivers spend an average of 44 hours a week of unpaid labor near or in their trucks. This amount of time is equivalent to a full-time job, so when drivers are not paid for these driving-related tasks they may feel pressured to drive faster or longer to make up for those hours. Most truck drivers make an average of $38,000 - $50,000, even after spending hours of unpaid labor on the job. The career requires days away from home as well as long hours of work.

Some experts believe that trucking companies should change pay structures in order to reduce the risk of truck accidents. Instead of paying by the mile, these experts note, drivers should be paid by the hour or should be paid a flat fee for a specific number of deliveries completed in a month. This way, there is no incentive for drivers to speed or take controlled substances to stay up later in order to drive more. Some experts even think that trucking companies can pay drivers extra as an incentive to drive safely. For example, truck drivers who make deliveries on time without speeding and cutting on breaks could be rewarded financially.

Some experts also advocate for truck drivers, and claim that truck companies should be spending more money on truck technology and truck driver training to make truck driving a safer and fairer job. Making truck drivers safe, healthy, and well-trained makes everyone safer on the roads we all share with trucks.

According to research and advocacy groups, there are a number of things which can make trucks much safer. One of these items is the speed governor. Speed governors are on-board computers which limit the maximum speeds of trucks. Speed governors prevent speeding, and in some cases warn drivers when they exceed certain safe driving speeds. Many experts believe that speed governors are powerful tools in the trucking industry because these computers take the choice to speed out of the driver’s hands. The driver, in many cases, cannot easily speed with these computers onboard. If the driver does speed and is in an accident, the driver cannot plead ignorance, as the speed governor will warn the driver of excessive speeds. By keeping drivers to reasonable speeds, the speed governors ensure that drivers have adequate time to stop if they need to brake suddenly to avoid a collision.

The interesting thing about speed governors is that most trucks have them. In fact, all trucks made in the USA since 1992 have been equipped with speed governors. However, there is no legislation requiring truck drivers or truck companies to use these devices. In fact, many truck drivers and truck companies do not use these potentially life-saving devices. Under current legislation, trucks are legally allowed to drive at the same speeds as passenger vehicles, even though all experts agree that trucks cannot stop safely at highway speeds. Some experts and advocacy groups have tried to pass legislation requiring the use of speed governors or requiring different, lower, speed limits for trucks. Currently, no such legislation has passed.

Worse, some experts claim that the truck industry makes it profitable for truckers to exceed safe speed limits. Most truck drivers are paid by the load or by the mile. Truck drivers who travel more quickly, therefore, are more competitive than those who travel at safer speeds. Truck drivers who drive at slower speeds and therefore drive more safely are essentially financially punished with lower wages. However, even driving at regular highway speeds is very dangerous for drivers, since truck take three times the distance to come to a complete stop, when compared to passenger vehicles. Many experts believe that mandatory use of speed governors and new legislation regarding maximum truck speeds would reduce car accidents and pedestrian accidents associated with commercial trucks. Experts also point out that trucks that use speed governors to travel a safe speed are in fact also more profitable, since they incur smaller liability costs, spend less in fuel costs, and allow the truck to function longer without expensive maintenance or repairs.

In addition to speed governors, another tool that can help prevent truck accidents is the log book. All commercial truck drivers are required to keep an up-to-date log book, detailing hours driven as well as rests taken, to show that they are taking regulated breaks. However, some drivers take part in log book fraud, keeping a falsified log book which suggests that they take regular breaks when in fact these breaks are not taken.

One solution to log book fraud is the Electronic On-Board Recorder (EOBR). These devices automatically track vital statistics – such as hours driven, hours stopped, speed, location, and other details. EOBRs can help investigators after an accident and can help drivers keep track of their safe driving practices as well. EOBRs are also much harder to falsify than log books. Many drivers also support EOBRs because they require almost no paperwork. Currently, drivers driving trucks without EOBRs must fill out log books by hand and they are not compensated for this paperwork.

While truck drivers make some mistakes which result in truck-car accidents, there are also poor choices which passenger vehicle drivers make which can also result in collisions:

1) The choice to ignore a truck’s blind spots. Many trucks have warning signs, indicating the blind spot of the truck and warning drivers to not pass when the truck is changing lanes or turning. Nevertheless, many passenger vehicle drivers decide to ignore the warnings and either drive in truck blind spots or attempt to pass at unsafe moments.

2) The choice to cut trucks off and drive aggressively. Trucks usually use air brakes, which means that they take longer to stop than passenger vehicles. Cutting off a truck or zipping around a truck usually does not leave the truck with enough time to stop in order to prevent a collision.

3) The choice to ignore windy conditions. If you are driving beside a truck on a windy day, the truck may be protecting you from the wind. If you pass the truck or drop back, you need to brace yourself for the sudden wind. The sudden gust can easily surprise you and even cause you to lose control of your vehicle momentarily.

4) The choice to tailgating a truck. Tailgating a truck is extremely dangerous – far more dangerous than tailgating a passenger vehicle. If the truck in front of you stops suddenly, you will likely be in an underride accident, which means that the front of your car will slide under the truck. This means that the impact with the truck will not be with your bumper, but with your windshield. Underride accidents have a high fatality rate and survivors of such accidents often have serious head injuries. Some trucks have metal bars below the chassis to prevent accidents involving underride, but these metal guards cause many decapitations. An underride accident is simply one of the most dangerous accidents you can encounter on the road.

5) The choice to be distracted. When driving around trucks, you need to stay focused. You need to note and anticipate what the truck is doing and you need to consider that the truck is a large obstacle which may be preventing you from seeing and anticipating obstacles down the road. You also need to focus on driving safely around trucks, being seen by truck drivers, and signaling your intentions to turn or stop in a way that gives truck drivers enough time to respond. You simply cannot do all of this if you are talking on the phone, texting, or otherwise staying distracted.

Commercial truck drivers make many choices when driving which can affect their safety and the safety of everyone around them on the road. Important truck driver choices include:

1) The choice to stay involved. Most commercial truck drivers are not responsible for truck maintenance or for loading their truck – others do that and the truck driver focuses on driving. However, good truck drivers check loads and trucks before driving so that they can report an incorrectly loaded cargo or any mechanical issues with a truck before these problems cause an accident. Improperly loaded or secure loads can result in rollovers, tire blowouts, or a trail of debris on the road that increases the risk of car accidents. Tires without correctly functioning brakes, truck lights and other equipment are at a greater risk of accidents. Pre-inspection before every drive helps truck drivers notice and correct issues immediately.

2) The choice to obey posted speed limits. Some truck drivers choose to speed in order to make deadlines, but speeding is extremely dangerous. Speeding commercial trucks are more likely to rollover and drivers are more likely to lose control when speeding. Since trucks take much longer to stop than passenger vehicles, speeding can also lead to a car accident or pedestrian accident if a driver is going too fast to respond adequately to traffic.

3) The choice to drive in designated truck lanes. Driving outside of designated truck lanes means that driver chooses to drive among passenger vehicles, and some of the drivers in those vehicles may be making mistakes of their own which lead to an accident. Where designated truck lanes are available, the safest place for a truck is inside those lanes.

4) The choice to pay attention to weather. Weather conditions can affect the slipperiness of the roads, the way a truck load responds, and how a truck handles. Slippery, icy conditions can easily lead to rollovers or multi-car accidents. High winds can rock a truck load and lead to a rollover if a load is not secured correctly. Truck drivers cannot drive the same way in every weather condition. When conditions are poor, truck drivers must slow down and use extra caution.

5) The choice to drive aggressively. An aggressive truck driver frightens other drivers on the road, because the size and force of a commercial truck can cause serious damage. Cutting other cars off, for example, is very dangerous, as it can easily lead to a collision. Yelling at other drivers or giving way to road rage can distract a truck driver and cause him or her to lose control of the truck. Staying calm and professional is essential for a truck driver.

6) The choice to drive unimpaired. Drugs and alcohol, even in small amounts, can lead to sleepiness. Drugs can cause a driver to become distracted and use poor judgment, which can lead to a serious accident. Drunk driving accidents involving trucks are even more deadly than drunk driving accidents involving passenger vehicles. They are more likely to result in fatalities and serious injuries because a large commercial truck can do more damage to other cars.

7) The choice to yield to a right of way. Cutting other drivers off and not yielding is a serious problem because trucks cannot stop very quickly. They take extra time, when compared with passenger vehicles, to come to a complete stop. Therefore, a truck driver who does not yield will often not be able to stop in time to prevent an accident if a collision seems imminent.

Since driver fatigue is a major contributor to car accidents, bus accidents, and truck accidents, the federal government has long instituted rules which regulate the trucking industry. These regulations dictate how long truck drivers should sleep, how often they should rest, and the maximum amount of time drivers should drive before taking breaks. Despite this, however, truck driver fatigue continues to cause accidents each year.

Part of the problem is that log books are used to prove how often a truck driver rests. All truck drivers are expected to keep a log book to show how often they rest and when they take breaks. However, some drivers fill out their log books every few days, long after they have forgotten their actual breaks. Some drivers even fake their log book entries. When such drivers are in an accident, it can be difficult to prove that driver fatigue played a role in the accident. Victims need a good Florida personal injury attorney to check log books against evidence gathered from the truck to determine whether a log book was accurate.

According to federal regulations, commercial truck drivers are not permitted to drive more than 70 hours over eight consecutive days and are not allowed to drive more than 60 hours per week. After eleven hours of driving a day, drivers are supposed to take a rest period of ten hours. In addition, drivers need to have a rest period of at least 34 consecutive hours. Drivers are supposed to drive ten hours maximum consecutively. Some experts claim that such federal regulations are too lax and can still result in driver fatigue. Driving a truck takes a great deal of mental energy and concentration, and driving 60 hours a week can lead to fatigue.

What is even more of a worry is that some truck companies and drivers ignore even the federal rules. Some trucking companies, for example, do not check their driver’s logs or audit them in order to ensure that drivers are following the rules. Some companies encourage drivers to break federal regulations by setting unrealistic deadlines or by offering financial incentives for drivers to deliver more in a shorter period of time.

When truck drivers become fatigued, they may drift into other lanes, react more slowly, and even rear-end other vehicles. In extreme cases, truck drivers may fall asleep at the wheel and lose control of their vehicle. Since commercial vehicles are so large and heavy, the truck accidents which occur as a result of fatigue tend to have dire consequences. Fatalities are a common result of trucking accidents. Victims who survive such an accident may have serious burn injuries, amputations, broken bones, brain injuries, lacerations, spinal cord injuries, and other injuries.

After a truck accident, it can be difficult for victims to recover claims for their injuries. Unlike other types of accidents, accidents caused by fatigued drivers often leave no obvious clues. It can be very difficult to prove that a driver was fatigued after the fact. To prove that driver fatigue played a role in an accident, victims need to hire qualified Florida personal injury attorneys. Attorneys -- such as those at the Flaxman Law Group – have contacts with private investigators who can research the causes of an accident. Qualified attorneys also have the experience to pursue such cases.

Commercial trucks pose serious hazards to other vehicles and other persons on the road when they collide. Whether a truck collides with another vehicle, rolls over, or collides with an inanimate object, there are many hazards unique to this type of large vehicle:

1) Multi-vehicle accidents. The sheer size and length of a truck can cause a truck to suddenly block all or part of a road, and this can easily lead to multiple-vehicle accidents is other cars on the road cannot stop in time. The sheer size and force of a commercial truck can also cause the truck to crash through multiple passenger vehicles when spinning out of control. Commercial trucks are simply more likely to cause multi-car accidents than passenger vehicles.

2) Spills. One unique thing about commercial trucks which sets them apart from other vehicles is that commercial trucks carry loads. Following a collision, these loads can spill, causing additional damages and injuries. If a truck is carrying livestock, for example, a collision can cause the livestock to scatter, causing additional accidents. If a truck is carrying large objects – such as logs or heavy steel pipes – these objects may scatter on the road in an accident and impact with other vehicles, causing serious accidents.

3) Fires. In some cases, commercial trucks carry highly flammable or dangerous materials. If these substances are spilled in a truck accident, the materials can ignite or even explode. A large spill igniting after a collision can rage over a roadway, causing fatalities and serious burn injuries. Some trucks carry dangerous chemicals; when spilled after a collision, these substances can affect the health and welfare of entire communities. In some cases, these substances can also cause chemical burns.

4) Road damage. Due to their size and force, trucks in a serious collision can sometimes cause serious damage to a roadway, shoulder, bridge, or other road surface area. A truck skidding out of control can easily scrape or cause ruts in a road surface. This sort of damage can affect the safety of drivers who must then use the road after an accident.

5) Fatalities. Most commercial truck accidents do not occur between two trucks – they occur between a passenger vehicle and a commercial truck. Unfortunately, these sorts of accidents are far more likely than the typical car accident to result in fatalities. A 3,000 pound car is simply no match for a commercial truck of 60 to 80 tons. When these two types of vehicles collide, the car is often crushed or badly mangled, often leaving few if any survivors.