Florida Trucking Accident Lawyer Blog

Truck drivers must adhere to many rules of service regulations which are designed to ensure that drivers do not drive fatigued. One of the basic concepts of the hours of service regulations has to do with the restart period, which refers to the start of a new on-duty cycle. After a truck driver has taken 34 consecutive hours off-duty or more, he or she can restart the on-duty cycle. However, the Federal Motor Carrier Safety Administration (FMCSA) has proposed changes to the restart cycle – and the trucking industry does not agree with the changes.

According to the Federal Motor Carrier Safety Administration, research has shown that it would be beneficial to mandate two rest periods (each between midnight and 6 am) during the 34-hour restart rest period. The research is based on a study from Washington State University.

The study was conducted in two parts and overseen by Gregory Belenky and Hans Van Dongen of the Sleep and Performance Research Center. The first part concluded that the current 34-hour restart gives does not adequately allow nighttime drivers to rest before starting on duty again. The second part of the study found that the rest break of the restart period was more effective when nighttime sleep was mandated. This study led the Federal Motor Carrier Safety Administration to make its proposed changes to the restart period.

However, the American Trucking Association (ATA) objects to the proposal, stating that the studies may not be accurate. Among the issues at hand, according to the ATA is that the second part of the study has not yet been reviewed. As well, the study sample of the second part included just 12 people, none of them truck drivers. Even the study's authors, notes the ATA, believe that more study is warranted.

The FMCSA and the authors of the study have defended the findings, arguing that the study was done under carefully controlled conditions and the findings – as well as the proposal that comes from them – could help prevent truck accidents and car accidents.

However, could Florida truck accidents be prevented by this change in the restart period. It is true that driver fatigue has been linked to many Florida car accidents involving trucks. As well, truck drivers work long and irregular hours, which can help contribute to driver fatigue and unsafe driving. Further studies could help us understand more about the best ways to ensure drivers get a safe amount of rest.

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Much has been written in the past year or two about mobile devices and Florida truck accidents and car accidents. Unlike many states, Florida does not currently have a law banning cell phone use or texting while driving – and experts believe that the omission may contribute to Florida car accidents and truck accidents. According to the National Highway Traffic Safety Administration (NHTSA), texting and driving increases the risk of a collision by 300%. In 2008, more than 515,000 passengers and drivers were injured and another 5870 were killed nationwide in accidents caused by texting and driving. Yet, despite awareness campaigns, according to some experts half of all drivers under the age of 24 text behind the wheel.

Some have argued that any form of distraction can lead to traffic accidents. While this is true, texting and use of mobile devices is especially odious because it is so prevalent and because it provides the three levels of distraction which experts say is the most deadly:

1) Visual distraction. Visual distraction occurs when drivers take their eyes off the road in order to dial a number, find a cell phone, or read a text message. In the case of drivers operating a large commercial truck, even removing eyes from the road for a few seconds allows the truck to travel the length of a few football fields – more than enough space and time to cause a serious Florida pedestrian accident or car accident.

2) Cognitive distraction. Cognitive distraction involves taking one's mind off driving. Cognitive distraction is why many experts say that hands-free devices are simply not safe, either. When drivers become engaged in a phone conversation or in communications, they may not be thinking about driving and this can easily cause a collision.

3) Manual distraction. In order to text or dial a number, drivers must remove their hands from the wheel. For a truck driver, this can cause them to quickly lose control of the truck, which can swerve into traffic. Even hands-free devices can be a distraction in this sense if a driver drops the device and searches for it, taking their hands off the wheel.

Currently, there are laws in place to prevent drivers of commercial trucks from texting and driving. As well, many carriers prohibit their drivers from texting and driving. However, many drivers still continue to adopt this unsafe practice. Unfortunately, enforcing texting and driving bans is difficult. It is difficult for law enforcement to see whether a truck driver is holding a mobile device at the wheel. In many cases, texting and driving is only revealed in the investigation after an accident.

Continue reading " How Mobile Devices Lead to Florida Truck Accidents " »

According to National Weather Service and fire safety professionals, Florida may see an unusually severe wildfire season as lack of rain contributes to very dry conditions. Broward County currently has the driest ground conditions, although Palm Beach County, Martin County and Collier County also have very dry conditions, ripe for fire. According to the National Weather Service, drought in South Florida "severe" and can result in wildfires that pose health hazards and lead to Florida truck accidents and car accidents.

In Florida, wildfire season usually takes place between March and May, when dry and hot conditions make fires likely. Fires can be sparked by virtually any hazard, including cigarettes, bonfires, hot cars or trucks, lightning, and other factors. In parts of Miami-Dade County, Broward County and Palm Beach County, homes are nestled close to natural areas. This can easily cause wildfires to spread from forests and natural areas into residential areas, according to experts.

Wildfires are also a serious hazard for trucks and cars. Wildfires cause ash and other forms of air pollution which reduce road visibility considerably. Every year that wildfires are severe, many Florida truck accidents and car accidents are the result. In 2006, for example, Broward and Palm Beach counties saw five Florida car accidents each day as wildfires raged.

According to the Florida Division of Forestry, smoke and ash can descend on the roads, creating poor visibility, but also slick surfaces (especially when combined with chemicals used to douse the flames). As well, for truck drivers, the smoke can cause health problems. Smoke includes of water vapor, carbon monoxide, carbon dioxide, fine particles, hydrocarbons, and other substances. It can trigger an allergic reaction, asthma attacks, and other serious problems. When these problems strike a driver on the road, a car accident or truck accident could result.

The Environmental Protection Agency reports that smoke from wildfires can cause burning eyes, runny noses and even bronchitis. It can additional exacerbate respiratory and heart disease. A truck driver driving through an area affected by wildfire may not be able to see the road clearly and may suffer health problems from the smoke which makes it even more difficult to drive safely. While car drivers can choose to remain home, truck drivers may need to drive in these conditions to meet deadlines.

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According to new statistics released by the Insurance Institute for Highway Safety, 2010 saw more than 500 000 commercial trucks and large trucks involved in accidents across the country. More than 100 000 individuals suffered serious injuries as a result of these crashes, which also claimed more than 5000 loves. The statistics represent an increase over 2009, when only 3200 deaths were attributed to collisions involving commercial trucks and large trucks.

Experts predict that the number of Florida truck accidents and national truck accidents will continue to rise, in part due to increased demand for truck transport. Industry experts estimate that 20% more trucks will be on the roads by 2012 when compared with today.

Florida car accidents involving trucks cause devastating injuries to passengers and entire families. Due to the size and force of large trucks and commercial vehicles, collisions between these large vehicles and passenger vehicles usually results in fatalities for the occupants of the smaller car. Survivors of such accidents often face serious injuries. Many Florida spinal cord injury patients and brain injury patients sustain their injuries through traffic accidents.

Unfortunately, although Florida laws and insurance providers are designed to help victims recover, in many cases injury victims involved in a Florida truck accident find that recovering for lost income and medical costs is very challenging. In cases where a commercial truck is involved, especially, there may be multiple liable parties, including the carrier, truck driver, truck manufacturer, the owner of the products transported in the truck, the city where the accident occurred, and other parties. Determining liability often becomes difficult as each party tries to shield itself. A good Florida personal injury attorney is often needed to assist the injury victim navigate the legal aspects of such a case.

Due to the increase in truck accidents, many groups are calling for new laws which would require improved truck safety. Although there already exist many federal laws regarding speed, hours of service, and other issues which affect truck driver safety, more can be done to help enforce these laws and to implement new regulations which would keep unsafe drivers off the roads.

Continue reading " Statistics Suggest That Florida Truck Accident Numbers Will Not Decline " »

According to The National Highway Traffic Safety Administration, 100 000 accidents each year as well as 1,550 fatalities and 71,000 injuries are due to driver fatigue. Drowsy drivers also cause $12.5 billion in losses annually across the country. Sleepy truck drivers are especially a risk, because the truck driver's life style encouraged poor sleep and off hours, which can make sleepiness worse. As well, truck drivers are responsible for very large vehicles which can do substantial damage in a Florida truck accident.

The National Highway Traffic Safety Administration has launched a number of educational programs that have one clear message: sleepy driving is the same as impaired driving. In fact, research proves it. Drivers who drive drunk have the same delayed reaction times and impaired motor skills and drivers who drive tired. If we want to stop Florida drunk driving accidents, we also have to get serious about fatigued driving.

According to The National Highway Traffic Safety Administration, several types of drivers are at high risk:

1) Young male drivers under age 26.

2) Workers who work long hours or who work shift work. According to The National Highway Traffic Safety Administration, workers on the night shift have six times the risk of being in a collision when compared with traditional workers. The bad news is that truck drivers often do take on shift work in order to meet tight deadlines, which means that they are at greater risk.

3) Long haul drivers and commercial truck drivers. According to The National Highway Traffic Safety Administration, fatigue is a contributing factor to 15% of all truck accidents.

4) People who have sleep disorders which are untreated or undiagnosed. These drivers are seven times more likely to fall asleep when driving than the average driver.

5) Travelers – especially business travelers – who are experiencing jet lag or who must travel or drive for long periods of time.

According to The National Highway Traffic Safety Administration, there are many things that drivers can do to cut down on fatigued driving accidents. Getting good sleep and having good sleep habits can go a long way towards eliminating risk. As well, traveling with a friend and taking breaks every few hours can also help prevent accidents due to fatigue. Of course, avoiding any alcohol and any medications that may make you feel drowsy is also important to preventing collisions.

Continue reading " Florida Truck Accidents Linked to Drowsy Driving " »

According to the Florida Department of Transportation (FDOT), the cast majority of Florida truck accidents in work zones are preventable. The agency has launched its Work Zone Safety campaign to raise awareness of the issue and to help prevent truck accidents and workplace accidents. The FDOT's efforts may be paying off, as workplace collisions have been decreasing. In 2008, there were 93 fatalities in Florida construction zones, compared to 137 in 2005. However, there is still room for improvement. According to FDOT, everyone can help by:

1) Walking and driving through work zones more carefully. According to FDOT, most of the fatalities in the state's work zones occur due to Florida pedestrian accidents or car accidents. Try to avoid driving or walking through a work zone. If it cannot be help, stay alert, follow signs, maintain good communication with the workers on the job, and proceed slowly.

2) Use extra caution when driving at night. According to FDOT, more than 50% of the fatal collisions which occur in Florida's work zones take place after dark. Poor visibility can make it easier to collide with work equipment and can make it easier to fall into a hole dug by work crews. If you need to pass by a work zone after dark, don't be casual, even if the work zone is empty. Use your lights and slow down so that you can see the warning signs in place.

3) Don’t mix alcohol with driving. Drunk driving is dangerous any time, but it can be especially risky in a work zone. FDOT reports that Florida drunk driving accidents account for almost one in four fatal work zone crashes.

4) Slow down. Even if you think you can drive at full speed by a work zone, you can't. It pays to be patient; work zones are often highly unpredictable environments. A truck may pull out in front of you at any minute as it does its work task or a worker may inadvertently walk in front of your car. According to FDOT, over half of all work zone accidents are related to speeding.

Continue reading " Preventing Florida Truck Accidents in Work Zones " »

While many elderly drivers can and do drive safely, elderly drivers do face some additional challenges when sharing the road with trucks. For example, many elderly drivers have medical conditions which can affect their driving. According to AARP, there are several things that elderly drivers can do to help prevent Florida truck accidents:

1) Maintain good communication with healthcare providers. Talk to your pharmacists about how your medication and over-the-counter medication can affect your driving. Visit your doctor and eye doctor regularly to maintain good health. If you have been diagnosed with a medical condition, be sure to discuss with your physician how the diagnosis may impact everyday activities, such as driving.

2) Keep in mind that disabled parking spaces and truck zones are often in the same area. Many Florida car accidents occur because of this. In many cases, trucks must pull up very close to stores and businesses. At the same time, many businesses provide disabled parking spaces near their businesses. When reversing or parking, stay extra alert for trucks.

3) Take extra training. Refresher courses and courses intended for elderly drivers help you shape up your skills and can even mean discounts on your insurance costs. As well, refresher training helps you to adjust to changing traffic patterns, new legislation changes and road rules, and the changing driving environment.

4) Make sure that you and your car are ready for the road. Keep yourself in good physical condition and avoid driving if you feel unwell or if you doctor has told you to avoid driving. Keep you car in good shape so that it is ready to respond quickly if you need to avoid a collision. If you need special items or gadgets for your car to help you drive safely, get these as quickly as you can.

5) Get evaluated often. If you have had a serious health issue or if it has been some time since you have been evaluated for driving skills, talk to a driving instructor. Many instructors offer special evaluations for elderly drivers and those who have faced challenges. These evaluations can help you determine whether you can safely drive and can help you address any bad habits which can put you at risk of a Florida car accident.

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According to federal regulations, all truck drivers operating commercial vehicles that transport more than 16 passengers or that have a CGVWR greater than 26,000 or that are transporting hazardous materials must be tested for drugs and alcohol. Testing is overseen by the Department of Transportation (DOT) and the only drivers exempt are those that operate commercial vehicles on private property. Testing can help prevent Florida car accidents involving trucks and can help reduce the instances of Florida drunk driving accidents. There are six situations in which truck drivers may be tested:

1) As part of pre-employment screening. Federal regulations require that commercial truck drivers operating on a public road must be tested and must receive a negative result. Drivers who test positive generally must re-submit to testing and have difficulty securing employment.

2) After an accident. After an accident that results in a fatality as well as after any serious accident or traffic citation that results from any injury, commercial truck drivers must be tested. In these cases, the tests must be administered within 32 hours (for drug tests) or within 8 hours (for blood alcohol tests). These tests are designed to determine whether an accident was caused by DUI and can be used to determine the driver's level of liability.

3) Random tests. Throughout the year, commercial truck drivers may be asked to take part in random drug tests. Drug tests may be administered even when a driver is off duty or at home. Drivers are subject to blood alcohol level tests during work or immediately after or before duty. Generally, once drivers are notified that they are being asked to submit to a random test, they must immediately go to the testing location for testing. Delays can be interpreted as a denial to take the test and denials to take part in random tests or any drug or alcohol testing is considered the same as testing positive under 49 CFR 40.191.

4) If there is reasonable suspicion of impairment. Drivers who appear to be abusing drugs or alcohol can be asked by DOT supervisors to submit to testing. This decision must be based on concrete evidence, such as odors, driver behavior, slurred speech, or the appearance of the truck driver.

5) If a driver has completed the "return-to-duty" process. If a driver refuses drug or alcohol testing or tests positive, he or she is required to complete a rigorous "return-to-duty" process, which includes testing or retesting.

Continue reading " Drug Testing is Designed to Prevent Florida Truck Accidents " »

Florida pedestrian accidents involving trucks are usually tragic. Pedestrians have almost no protection against the sheer size and force of a large commercial truck and can often not get away quickly enough to prevent serious injury and fatality in a collision. Florida truck accidents involving pedestrians are especially prevalent near intersections, on worksites, and in parking lots. According to the FMCSA (The Federal Motor Carrier Safety Administration), pedestrians can do their part to prevent these accidents by:

1) Making eye contact first. Pedestrians can be all but invisible to truck drivers and trucks have many blind spots. Never walk behind a truck, along the side of a truck, or cross in front of a truck until you make eye contact with the driver and get acknowledgment from the driver.

2) Staying in pedestrian-safe zones. Walking in crosswalks and on sidewalks is much safer than trying to walk on the road or trying to cross without a crosswalk. If you try to cross the street without a crosswalk, a car may be able to stop in time, but trucks take much longer to brake and may not be able to stop in time to prevent a serious accident.

3) Staying alert for trucks. Keep in mind that trucks may sometimes swing up onto sidewalks when making wide turns. Some truck drivers park up on curbs in high-traffic areas to get out of the way of traffic. Keep alert and look about you so that you will notice trucks backing up, turning, or coming near you. Avoid listening to music, using mobile devices, or distracting yourself when out walking in areas with truck and car traffic. For a more leisurely walk, stick to walking trails.

4) Staying visible. In bad weather and at night, pedestrians may not be very visible. Wearing light and reflective clothing can help, but carrying a flashlight is the best way to stay visible, according to the FMCSA. Keep in mind that commercial truck drivers often travel at night, so you are more likely to encounter truck traffic, even once car traffic lessens for the evening.

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While many Florida truck accidents take place when cars and trucks collide, each year Florida motorcyclists are seriously injured or killed in collisions with trucks. For motorcyclists, truck accidents are especially dangerous because motorcyclists simply have fewer barriers and protections between themselves and the truck in a collision. In most cases, Florida truck accidents involving motorcyclists are fatal accidents. However, according to the FMCSA (The Federal Motor Carrier Safety Administration), there are several things that motorcyclists to reduce their risk of a serious collision with a truck:

1) Wear a helmet. According to the FMSCA and most experts, wearing a helmet is the single most important thing that motorcyclists can do to prevent the risk of sustaining serious brain injuries in an accident. Most fatal motorcycle accidents are fatal because the motorcyclist sustains a serious brain injury. However, many Florida brain injuries can be prevented by the use of safety measures – such as always wearing a helmet when riding on a motorcycle. Motorcyclists need to ensure that the helmets they wear fit properly and meet US Department of Transportation (DOT) standards.

2) Never ride in a truck's blind spots. Trucks have large blind spots on the sides, in the back, and in the front. It is especially dangerous for motorcyclists to ride in these areas because while motorcyclists can move quickly and flexibly, trucks cannot. For example, if a motorcyclist is in front of a truck and brakes suddenly, the truck will take much longer to brake, resulting in a serious crash.

3) Use defensive driving. Keep in mind that motorcyclists are less visible to other drivers – including truck drivers. Stay extra alert of other vehicles and their lights. Avoid aggressive driving or riding in the lanes of other vehicles.

4) Avoid sudden bursts of speed. Many motorcyclists love their bikes because motorcycles respond quickly – they accelerate much faster than other vehicles. However, this can be fatal. Keep in mind that trucks take much longer to accelerate and brake. Avoid accelerating in front of a truck – you can easily collide with the vehicle.

5) Make sure you and your bike are ready before each ride. Inspect your bike and make sure you are calm, well-rested and prepared to focus on driving. Never distract yourself by using a mobile device while riding a bike. As well, make sure that you wear protective gear, including boots, jacket, and gloves.

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While Florida car accidents are more common at this time of year, if you will be driving outside of Florida you need to worry about winter conditions, as well. Truck accidents are more common at this time of year in states with winter conditions in part because there are more trucks out on the roads.

1) Give plows plenty of room. Keep in mind that you need to provide room for the truck itself, its plow attachment (which is sometimes wider than the plow truck itself) and the snow and ice being cleared. Plows push snow and ice to the sides, which can sometimes cause piles of snow along the sides of the road. If you are passing a plow, you could get stuck in the snow being pushed aside. The safest place is behind a plow, at least one truck length behind the vehicle.

2) Be prepared for plows to start and stop suddenly. Plows may need to stop, back up, and repeatedly plow stubborn patches of ice and snow. It is important to be aware of the possibility of these stops and to prepare yourself to brake suddenly if you are following a plow.

3) Do not speed. Plows are doing a job and therefore proceed at a slower pace than other vehicles on the road. Speeding can make it more likely that you will be in a collision.

4) If you see a plow, watch for other snow-clearing vehicles. Plows often work in groups or with salt trucks in order to clear the roads. If you see one plow working, be aware that other trucks may be on the way to clear road conditions.

5) Keep in mind that plows mean visibility issues. Plows tend to be large vehicles and may block part of your view of the road ahead. For this reason, passing a plow can be dangerous – you may not be able to see traffic in front of the plow. As well, plows have many blind spots. Stay well clear of plows and keep in mind that if you cannot see a plow's mirrors, the driver likely cannot see you.

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