Florida Trucking Accident Lawyer Blog

In the last few years, there has been more awareness about the dangers of distracted driving. In fact, new regulations have been passed over the past three years which make it illegal for commercial truck drivers and government employees on the job to text and drive. As well, victims who are injured in a Florida truck accident caused by a distracted driver can usually pursue the driver in court for negligence.

Despite this, however, distracted driving continues to cause Florida car accidents and truck accidents everywhere. These accidents continue to claim lives and cause hundreds of thousands of injuries each year. Part of the problem is that while steps are being taken to address texting and driving, the larger role of distracted driving is not being addressed.

The reality is that distracted driving is not just about texting. Distracted driving can occur every time that a truck driver removes his or her focus or eyes from the road. Distracted driving can happen when a truck driver is changing a CD, talking on a cell phone (even on a hands-free device), eating or drinking while driving, looking at a map, searching for something in the cab, and otherwise doing anything else but focusing completely on the road.

Unfortunately, it is impossible to legislate the long list of possible distractions available for truck drivers on the road. It is also impossible to enforce rules requiring truck drivers to remain focused on the road at all times. In fact, the very nature of the job makes long-term concentration difficult. Drivers spend all day, day after day, on the road, driving. Mainlining 100% concentration on the road during long stretches of time is very difficult.

Some industry experts have recommended that stricter rules be put in place against truck drivers who have accidents or "near misses" while distracted. They argue that once a truck driver has shown that he or she is prone to distracted driving, he or she should be taken off the road. Others argue for better education campaigns to teach all drivers about the dangers of distracted driving. Some industry experts also recommend adding devices into the cab of trucks – devices such as cameras – which would help investigators and carriers evaluate truck drivers' levels of performance and distraction.

Continue reading " Distracted Truck Driving Leads to Accidents in Florida " »

Driving directly behind a car or truck is very dangerous. If the vehicle in front of you needs to stop suddenly, you will simply not have enough time to break and you will likely be in an accident. Many Florida car accidents and truck accidents are caused by tailgating, and many drivers do not realize that they are tailgating.

If you are following behind a passenger vehicle traveling on good roads, with little traffic and good visibility, you need to have at least three seconds of space between you. This means that when the car in front of you passes a landmark, you should be able to count "one elephant, two elephant, three elephant" slowly before your car passes the same point. In bad weather, poor visibility, bad traffic, or at high speeds, you will want to leave more room.

If you are driving behind a truck, you should leave even more space to avoid a Florida truck accident. This is because large trucks have large blind spots behind them. If you are following directly behind a truck, chances are that the driver cannot see you. You should make certain that you can see the truck driver in the driver's side mirrors. If you cannot, the driver likely cannot see you, either.

The second reason you want keep well behind trucks is that trucks take much longer than passenger vehicles to come to a complete stop. The stopping distance for a passenger vehicle is an average of 133 feet in ideal conditions at 55mph; for a commercial tractor-trailer, it's 196 feet. In good weather conditions, give yourself at least five seconds of space behind a truck. In most conditions, leave more room than that. .

Continue reading " Avoid a Florida Truck Accident: Avoid Driving Directly Behind Trucks! " »

The only way to tell for sure whether a truck driver is driving under the influence is to let a police office administer a sobriety test or a blood alcohol test. However, according to the Florida chapter of Mothers Against Drunk Driving (MADD), there are a number of signs that a truck driver is drunk and may cause a Florida drunk driving accident:

1) Rapidly changes speed, generally changing speed quickly and without reason
2) Follows too closely or tailgates other vehicles
3) Weaves across lanes of traffic or across the roadway
4) Near-misses, such as almost colliding with an object or another vehicle
5) Erratic stopping and starting
6) Does not drive on the road
7) Uses signals incorrectly or makes other basic driving errors.
8) Swerves
9) Does not use headlights at night
10) Drives very slowly (more than 10 mph under the posed speed limit)
11) Responds slowly to traffic conditions or traffic signals
12) Turn illegally or too sharply
13) Drives on the wrong side of the road

If you see a truck driver exhibiting any of these signs, gain a safe distance and call the authorities. You could help prevent a truck accident. Even if the driver is not under the influence, the behaviors listed above are dangerous and could cause a collision. It is helpful to authorities if you can provide details about the truck – such as the license plate number – but never put yourself in danger to get this information.

Continue reading " How to Spot a Truck Driver Who May Cause a Drunk Driving Accident " »

Many rental agencies rent out large trucks for do-it-yourself moves. If you are trying to save money, this can seem like a great alternative to the costs of hiring professional movers. However, this sort of move can also lead to a Florida truck accident. To stay safe, follow these tips:

1) Get the moving van inspected and get some training. Many moving truck rental have poor reputations for failing to maintain their fleets. You can read about company safety records online, but it is a good idea to get the truck inspected before you pack it, just in case. You may also want to get at least an hour or two of training with an instructor to get familiar with the truck. Many driving training schools can offer you two hours of training for less than $50, which will not add to moving costs substantially.

2) Keep a log of your hours on the road and your rests. If you are renting a very large moving truck, you may be required to maintain a log of time traveled, distance traveled, and any rest stops taken. If you are required to keep such records, keep them carefully; you could face serious legal problems if you fail to keep these records.

3) Get the right truck for your weight of cargo – and stop at weight stations as needed. Overloading a truck because you don’t want to go into the next larger truck size can mean that your moving truck is more prone to rollovers, tire blowouts and even brake problems. Most truck rental companies will help you estimate how much truck you need. If you need a very large truck, make sure that you stop at weight stations, as you are required to do by law.

4) Secure your cargo carefully. Pack your belongings carefully any use plenty of tie-downs to keep them secure in the truck. If your cargo moves or shifts as you drive, you will have a harder time controlling the truck and you will increase your chances of being in a Florida car accident.

5) Consider alternatives. If you need to move many items and will require a very large truck, think twice. Very large trucks are hard to maneuver and are not really intended to be driven by passenger car drivers with no truck driving experience. There are many low-cost alternatives. For example, you can rent the low-cost truck yourself and hire a professional driver to drive it for you. You can also combine moving costs with another family headed for the same destination. Another option is to take advantage of one of the DIY packing companies. The company will drop off a large freight container at your home, which you can pack at your leisure. A professional truck driver will then drive the container to your destination.

Continue reading " Renting a Moving Truck? Here's What You Need to Know About Florida Truck Accidents " »

In June 2009, a Miami truck driver who was fatigued caused a severe truck accidents that resulted in a multiple-vehicle pileup, ten deaths, and six injuries. The National Transportation Safety Board (NTSB) determined that the accident was caused by fatigued driving, with the driver suffering from mild sleep apnea as well as "circadian disruption" caused by the driver's shift schedule.

Unfortunately, the incident was not isolated. Every year, Florida truck accidents as well as car and truck accidents across the entire country, are caused by fatigued drivers. According to Deborah A.P. Hersman, chairman of the NTSB, the 2009 crash shows that three new federal rules are needed to help prevent these types of truck accidents:

1) A fatigue management system. According to the NTSB, such a system would include set scheduling practices, attendance rules, education of truck drivers and the public about warning signs, medical screening and treatment for sleep apnea and other sleep-related conditions, the creation of rest environments for drivers, and new commuting policies. This comprehensive system would address some of the more common causes for driver fatigue.

2) Event recorders. The NTSB has also recommended recorders such as video cameras in cabs. While these might not help prevent accidents, the NTSB notes that such devices would help investigate accidents. The NTSB also believes that event recorders would help carriers evaluate driver performance and this might ostensibly help prevent Florida trucking accidents as well as accidents across the country.

3) A collision warning system. Airplanes in Florida use Traffic Alert and Collision Avoidance Systems (TCAS) to help prevent Florida aviation accidents and the NTSB believes that similar technology can help prevent truck accidents. The systems work by providing auditory warning signals when other vehicles are close.

Continue reading " Driver Fatigue and Florida Truck Accidents " »

If you are sharing the road with trucks as a motorist, there are times when you may see unsafe drivers on the road operating large commercial trucks. Unsafe drivers can cause serious Florida truck accidents, but if you notice a driver who does not appear to be safe, there are several things you can do:

1) Learn to recognize the signs of an unsafe driver. Unsafe truck drivers speed, drive erratically, weave, or gesture and yell aggressively. They may drive past red lights or otherwise ignore traffic signals and signs or may make obvious mistakes on the road.

2) Get out of the way. Your first priority is to stay safe. That means remaining calm and getting plenty of distance from the truck. Avoid engaging the driver in any yelling or shouting or exchange of gestures; that can make an aggressive driver even more aggressive.

3) Get the details. If you have a passenger in the car with you, ask them to take down the details of the truck, such as the license plate number, any identifying details, the time and location, and a description of the truck driver. Do not get too close to the truck to get these details – they are not worth an accident. If there is no one in the car with you, pull over to write down the details.

4) Call police. If the driver is in imminent danger of causing an accident or if you believe that the driver is drunk, call police immediately; you may be helping to stop a Florida drunk driving accident. Reporting a dangerous driver can help ensure that others are not harmed by his or her recklessness.

5) Report the driver to the FMCSA. There are rules in place to keep unsafe drivers off the roads. You can call the Safety Violation Hotline, created by The Federal Motor Carrier Safety Administration (FMCSA), to report unsafe bus and truck drivers. The number is 1-888-368-7238. Many trucks also have the phone numbers of their carriers listed right on the truck. You can call the carrier to report an unsafe driver as well.

Continue reading " Preventing Florida Truck Accidents: What to Do When You See an Unsafe Florida Truck Driver " »

In 2009, there were 3,163 people killed in truck accidents across the country. Overwhelmingly, the victims were either pedestrians or other motorists. Passengers of passenger vehicles accounted for 70% of these deaths and bicyclists, motorists, and pedestrians accounted for 14% of these fatalities. Load problems – including loads that shift inside the truck or fall out of the truck – are a leading cause of truck accidents in Florida and across the country.

When loads are not secured or are too large or heavy for a truck, the truck is at a greater risk of rollovers. Too-large loads also put undue stress on the vehicle's brakes and tires, making tire blowouts and even brake failure more likely. A truck that has a too-heavy load or a load that is not correctly secured is more difficult for the driver to control and is therefore more likely to be in an accident. A regular commercial truck, for example, takes 40% more time to stop than a passenger car. When a truck is overburdened, it can take even longer to stop, making accidents harder to avoid.

There are several laws designed to help prevent Florida truck accidents caused by load issues. In 2002, for example, the Federal Motor Carrier Safety Administration (FMCSA) created new rules about securing loads. New rules require trucks to secure cargo in such a way that it does not shift so that it impedes the normal operation of the vehicle. When traveling on public roads, commercial trucks are also required to secure their cargo and loads so that the cargo does not fall, spill, or blow from the truck.

In addition, there are rules in place about the minimum number of tie-downs required to secure a cargo. These rules require that cargos which are no more than 1100 lb and 5 feet or less in length have at least one tie-down. Items up to ten feet require a minimum of two.

Commercial trucks are subject to strict weight limits and weigh stations across the US and Canada require all large trucks to stop and get weighed. Trucks above safe weight limits are subject to fines. As well, trucks carrying unsafe or dangerous cargo are subject to special requirements and limitations. In addition, in cases where a truck carrying a load or cargo that has been unsafely secured causes an accident, victims have the right to pursue legal action against the carrier, and even the driver of the vehicle.

Continue reading " Load Problems Can Lead to 18-Wheeler Truck Accidents in Florida " »

Rudeness is usually seen as a social fault, and certainly not as something potentially fatal. However, on the road, rudeness can actually cause dangerous situations which lead to Florida car accidents and truck accidents. Rude behavior that can be downright dangerous includes:

1) Cutting trucks off. Cutting off a commercial truck is rude to the truck driver – but it can also be deadly for the passenger car driver. Trucks take a longer time to stop than smaller vehicles, so a truck that is cut off may not have enough time to stop. When passing a truck, give yourself plenty of room before you cut back in. This is especially true if you are on an incline, where a larger and heavier truck will be picking up speed.

2) Road rage. Road rage is never polite – the screaming, swearing, and rude gestures are never appropriate. However, in a confrontation with a truck driver, such behavior can be downright deadly. Road rage can distract a truck driver, causing an accident. It can also distract you, causing you to make a deadly mistake.

3) Aggressive driving. Speeding, swerving, cutting other drivers off, and otherwise driving aggressively makes other drivers angry because it is rude. Driving aggressively around trucks, however, is dangerous because aggressive driving often involves erratic and impulsive maneuvers – maneuvers that truck drivers cannot anticipate in time.

4) Tailgating. Tailgating is always considered aggressive and rude. With a truck, it can lead to a car accident, since truck drivers cannot see directly behind them due to blind spots. If you are following too close to a truck, you likely cannot see the truck driver in the truck's mirrors, and that means that the truck driver cannot see you.

Continue reading " How Rudeness Can Lead to Florida Trucking Accidents " »

Many Florida truck accidents are caused by hazards on the road that are not recognized in time. In the trucking industry, hazards are defined as any situations or obstacles which could impede safe driving. When those hazards create the need for sudden action, they are defined as emergencies. Therefore, a car weaving up ahead may be a hazard for a truck driver, while a car cutting off a truck is generally an emergency as the truck driver may need to brake or swerve out of the way to avoid an accident.

Hazards are important in preventing truck accidents. Since trucks are larger and have slower response times than passenger cars, it is vital for truck drivers to anticipate hazards well in advance and respond accordingly. When truck drivers wait for hazards to become emergencies, they may simply not be able to respond in time to avoid a collision. Common hazards which truck drivers need to be aware of include:

1) Dangerous weather conditions. Conditions such as fog, strong winds, rain, and nighttime can affect visibility and can make road surfaces slippery. Strong winds can easily cause an emergency by blowing objects onto the road surface.

2) Dangerous road conditions. Obstacles on the road, poor paving, road work, and other hazards often pose a greater danger for passenger vehicles, as they often feel bumps and poor road surfaces more than larger trucks. Nevertheless, road conditions can cause trucks to lose control or rollover.

3) Other drivers. Aggressive or dangerous driving, speeding, fatigued drivers, and drunk drivers share the road with trucks each day. Truck drivers need to be aware of the red flag signs of dangerous drivers and need to be able to get out of the way in time.

4) Disabled cars, stopped buses, and stopped trucks. Cars left on the road – especially without emergency flashers – can be a severe hazard for truck drivers, who may not be able to stop in time to avoid a collision unless they anticipate the hazard well in advance. A similar hazard are trucks and buses, which make frequent stops and may take up much of lane of traffic.

5) Pedestrians, workers, bicyclists, and motorcyclists. Anyone on the road who is walking or riding a bike is harder to spot for a truck driver, especially at night. As well, pedestrians and bikers may be in spots where truck drivers do not expect them – such as weaving around traffic.

Continue reading " Hazards that Lead to Florida Truck Accidents " »

Over the past few years, there have been concerns and debates about the possibility of allowing Mexican commercial five axle tractor-trailer trucks on US roads. Some people have claimed that allowing these trucks on the roads of the US will result in more truck accidents and car accidents in Florida and in every other state. Among the concerns raised are:

1) Differing regulations. There are federal rules which place severe restrictions on US truck carriers and truck drivers. Load limits, safety inspections, hours of service regulations, licensing and training standards, and other rules have been developed over time to ensure that the roads are as safe as possible. Mexico is a different country with different laws and therefore there is a concern that the laws which keep US trucks safer will simply not be in place in trucks from a different country.

2) Safety issues. There are concerns about whether trucks from another country will meet the same safety standards as domestic trucks.

3) Legal issues. Currently, any truck accident involving a commercial truck is tricky to litigate. Insurance carriers, truck companies, driver unions and other stakeholders get involved and there are many legal issues at play. Some Florida truck accident victims wait months or even years for their cases to work their way through the courts. There is a concern that cases involving Mexican trucks and truck drivers would be even harder to litigate, due to extradition problems, different laws, and the high risk of flight for suspected non-domestic drivers.

4) Regulatory problems. When a truck is deemed not fit for the road in the US, there are a number of authorities who can step in to take the truck off the road. However, there are concerns that trucks from Mexico driving on US roads would be harder to regulate. Would carriers from another country obey US standards and regulations different than their own? Would local authorities be able to exert authority over driver and truck companies from a different country?

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After a Florida car accident or truck accident, many drivers assume that they are covered by insurance and that the insurance carrier they have been paying premiums to all along will help them. Many Florida truck accident victims are surprised to find, however, that insurance companies actually often launch private investigations on the victims in traffic accidents. These insurance companies are looking for several things:

1) Mitigating factors and other liable parties. Insurance companies would not make money if they paid out the full possible claim amount to every claimant. Therefore, many companies look for other possible liable parties – such as road conditions or even the victim.

2) Evidence of insurance fraud. Insurance fraud is a serious problem and unfortunately, it can mean that the industry sometimes suspects legitimate claimants. Some injury victims find themselves under surveillance by private investigators as insurance companies try to determine whether a claimant is faking or exaggerating an injury.

3) More information about the accident. Insurance companies, like police and other investigators, work hard to determine the cause of an accident. Unlike other investigators, however, private investigators hired by insurance companies are paid to find information which is advantageous to the insurer.

4) The cost of damages. One of the tasks of the insurance company is to determine the value of a claim – the amount that will be paid out to the victims in an accident. In many cases, however, these initial amounts cover only the bare necessities of care. Most of the time, Florida personal injury attorneys need to work hard to ensure that a victim has all medical costs and related accident expenses covered.

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After a Florida truck accident or car accident causing an injury or fatality, investigations are usually launched to find out what happened to cause the collision. Florida car accidents involving trucks may in fact be subject to several types of accidents:

1) A police investigation. An official investigation by police will usually be launched in any case where it appears that a law was broken. Suspected cases of Florida drunk driving, suspected cases of insurance fraud, suspected cases of vehicular manslaughter, and other suspected crimes will be carefully investigated by detectives. In many cases, if you are in an accident and decide to pursue legal action you can get a copy of this police investigation or report.

2) A private investigation. If you decide to hire a personal injury attorney after your Florida truck accident, your attorney may decide to launch a private investigation. The attorney will typically work with private investigators or accident reconstruction professionals to find evidence to support your legal action and to find any liable parties in the case.

3) An insurance investigation. In many cases, insurance carriers launch their own investigations, also using private investigators. The aim of insurance companies is to find out whether anyone other than their client was liable. Therefore, if you are in a car accident with a truck, the truck's insurance carrier will typically try to find evidence to protect the truck carrier and truck driver. This is one reason why it is important to hire a Florida personal injury attorney to protect your interests.

4) An industry investigation. In cases where a truck driver may have committed a crime and may be subject to disciplinary action, the truck carrier or truck driver union may launch their own investigation. This sort of investigation may also be initiated in any serious accident which may result in serious legal action for the truck driver or carrier. Again, these investigations are not deigned to protect you or your rights, which is why it is important to have your own Florida attorney conducting a separate investigation.

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Florida truck accidents often involve larger, commercial trucks. According to a 2007 Federal Motor Carrier Safety Administration report, tractor trailers and other large trucks cause accidents because of a number of common reasons:

1) Drug use. According to the Federal Motor Carrier Safety Administration report, more than a quarter of crashes involving commercial trucks involved a banned substance or prescription drugs, which affect driver response times. About 18 percent of accidents were caused by prescription drugs specifically. According to the report, drug use was the most common cause of tractor trailer accidents.

2) Excessive speed. The Federal Motor Carrier Safety Administration report found that speed was a factor in 26 percent of the crashes studied. When truck drivers travel at high speeds, there is virtually no way for them to stop in time to prevent an accident.

3) Lack of familiarity with route. Truck drivers who drive along familiar travel routes are less likely to be in a collision than drivers in an unfamiliar area. Unfortunately, commercial truck drivers are routinely asked to make deliveries to new areas. According to the Federal Motor Carrier Safety Administration report, this factor contributed to 22 percent of accidents.

4) Blind spots. Truck drivers have many more blind spots than the drivers of passenger vehicles. In training, truck drivers are carefully instructed to check blind spots before making any maneuvers. Despite this, the Federal Motor Carrier Safety Administration reported that 14 percent of collisions were caused by a truck driver's failure to check blind spots.

5) Driver fatigue. There are hours of service regulations to ensure that truck drivers get adequate sleep. As well, truck drivers are supposed to be screened carefully for any illnesses – such as sleep apnea – that can lead to car accidents. Despite this, 13 percent of truck accidents studied in the Federal Motor Carrier Safety Administration report were caused by driver fatigue.

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