Florida Trucking Accident Lawyer Blog

Federal lawmakers are considering transportation bills which would, over the next few years, change a number of things about the trucking industry. Some experts are concerned about a proposal in the bills which would allow higher weight limits and which would permit trucks on more roads across the country. Some experts are concerned that such changes could affect the rates of Florida car accidents and truck accidents on the road.

The bills would increase truck weight limits from 80 000 pounds to 97 000 pounds for single-trailer commercial trucks on state highways and interstate roadways. Trucks with two or three trailers would be permitted up to 100 000 pounds. As well, trucks with two or three trailers will be allowed the entire national highway system rather than on interstate roads.

According to the Transportation and Infrastructure Committee Chairman, the bills could be put to a vote before committee by July 12. The suggested legislation would also place a tax on trucks over the weight limit. This money would be placed in a fund and distributed to states to assist with road repairs and bridge work.

There are many concerns about the proposed changes. Many legislators, for example, have pointed out that cars are currently getting smaller as more consumers look for fuel economy in their passenger cars. Combining smaller cars with larger trucks could create even more devastating Florida car accidents involving cars, whereby smaller cars would have no chance against very large commercial trucks. There is also concern that the larger trucks would have very large blind spots and would not be able to safely share the roads with motorcycles, bicyclists and others who use the road system.

There is also a concern that the larger trucks could create problems on residential streets. While the proposed legislation allows very large trucks only on the national highway system, when a section of the system is closed due to an accident or another cause, traffic is often rerouted through residential areas. There is a concern that 100 000 pound trucks would be on residential streets in such cases, posing the risk of Florida pedestrian accidents and other types of traffic accidents.

Other experts have noted that much larger trucks could create load problems and could make the roadways deteriorate faster, due to the weight and force of the larger vehicles. Those in the trucking industry have noted that improved technology in the trucking industry would potentially help offset some of these problems. The Transportation and Infrastructure Committee also notes that allowing the proposed changes would allow businesses to be more competitive and efficient, which would beneficial to the economy.

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A blogger writing for TransitMiami, has recently written about the large number of accidents along Biscayne Boulevard. These accidents often reportedly include high speeds and in recent months have resulted in damage to light poles and storefronts. According to the blogger, some of the problem stems from design and suggests some of the ways that Miami truck accidents and car accidents along this road could be prevented:

1) Changing the design speed of the road. The design speed of Biscayne Boulevard in Upper East Side (where many of the accidents have been taking place) is 45 mph, and the posted speed limit is 35 mph. The TransitMiami blog suggests a design speed of 35 mph.

2) Re-striping scenario in order to bring back parallel parking to the street. The MiMo Business Improvement Committee (BIC) has made this suggestion to District 6 Secretary for the Florida Department of Transportation. Creating parallel parking in the area would encourage cars and trucks to slow down, BIC believes, and would also provide a layer of protection for pedestrians, helping to prevent Miami pedestrian accidents in the area.

3) Adding traffic calming design features. According to the City of Miami’s Comprehensive Neighborhood Plan (MCNP), such devices can include wide sidewalks, different lane widths, medians, landscaping, roundabouts, lighting; and signage. All of these features make the area more like a neighborhood and less like a highway, encouraging motorists to slow down.

4) Enforcement. While improved design can help reduce the speed and therefore the number of accidents, enforcement is still an important part of the equation, ensuring that motorists obey the rules of the road. An enforcement campaign targeting the area specifically could help prevent accidents along the street.

Continue reading " Preventing Miami Truck Accidents With Design " »

Summertime does pose a higher risk of Florida car accidents and truck accidents. There are many reasons for this:

1) Tourist season means busy businesses. Florida is a major tourist destination in the summer, and theme parks and amusement parks in the state are filled with tourists. Plenty of events and summer business, however, also means that more trucks are needed to make deliveries to businesses. Unfortunately, more trucks on the roads can also mean a higher risk of collisions.

2) Heavier car and pedestrian traffic. Florida streets really fill up during the summer. There are more pedestrians taking part in summer activities, and more drivers on the road taking part in summer road trips. More buses ferry tourists to major sites and children to summer camp. There are even more trucks on the road due to a heavier construction and road work schedule. All this extra traffic and congestion can cause tempers to fray and can easily lead to traffic accidents.

3) Hot weather can mean more truck tire blowouts. Florida tire defects are a serious problem for truck drivers, since trucks tend to be very hard on tires. In the summer heat, however, even good tires can wear down more easily and suffer blowouts as the rubber is affected by the heat.

4) Summer can be harder on drivers that need to drive long distances. The glare of the sun and the hot weather can create exhaustion and can make it easier for already tired drivers to fall asleep at the wheel. Truck drivers, who must often drive very long distances in the blinding sun and stifling heat, can be especially vulnerable.

5) More Florida drunk driving accidents. Unfortunately, there are more drunk drivers on the roads in the summer. Patios serve beer at restaurants and many summer events and parties serve alcohol. Worse, the summer heat and sun can magnify the effects of alcohol, making accidents even more likely.

Continue reading " Summer Can Mean More Trucks on the Road – and a Larger Risk of Florida Truck Accidents " »

North Miami has proposed an ordinance which would require food trucks, which appear regularly at such events as the Biscayne Triangle Truck Round-Up, to get licenses and permits. The proposal, if successful, would charge food trucks $167 yearly and $50 one-time fee to pay for a background check. Currently, food trucks in the area do not need permits or checks to operate in the area. Although there are no statistics suggesting that food trucks contribute to Florida truck accidents, some have raised concerns:

1) The industry is less regulated than the commercial trucking industry. Commercial trucks are subject to many rules. Drivers are usually trained and must obey rules about hours of service and other laws. Food trucks, however, are less regulated, and the North Miami ordinance would at least require background checks on those operating the trucks.

2) The trucks congregate in parking lots. This has the potential to cause accidents as trucks back up or pull into the lot. There are no reports of such accidents, but some feel that the sheer numbers of food trucks could create such accidents.

3) The trucks usually require some form of fuel for food preparation. While most operators take precautions to ensure a safe work environment, some people point out that parking lots are a bad place to set up food trucks that include additional sources of fuel. Any fire in such a truck has the potential to cause a serious conflagration.

4) The trucks attract pedestrians. Some worry that the trucks could contribute to Florida pedestrian accidents because they attract large numbers of pedestrians. As well, since these trucks often set up shop near parking lots or in parking lots, the trucks can produce more pedestrian traffic in areas with many cars, creating a large risk for Florida car accidents.

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Most Florida car accidents and truck accidents involve other vehicles, pedestrians, and inanimate objects such as telephone poles. However, in some cases, trucks and cars in Florida plow into homes. In many cases, these are Florida drunk driving accidents or accidents involving loss of control of the vehicle or a pedal error (such as when the driver mistakes the accelerator for the brake. Such an accident occurred in Cocoa, Florida in January and another took place in Palm Bay in May. Brevard County has in fact seen a few such accidents in 2011.

The results of these accidents can be devastating, especially when the vehicle involved is a truck. Due to the size and force of a truck, the truck can plow right into the house and tear down walls. Both the driver and the occupants of the home are likely to sustain serious injuries. There are many types of damages which typically occur in this type of Florida accident, including severe property damage and serious injuries. There are many reasons why such accidents result in such severe damages:

1) Many accidents involve high rates of speed. While there are no statistics concerning such crashes specifically, authorities have stated that such accidents occur fairly often and often do involve high speeds, since often the drivers are intoxicated or have hit the accelerator by mistake. The high speed causes the impact of the crash to be greater.

2) Walls are often torn down. In this type of accident, the sheer size and force of the vehicle is often enough to push down walls and barriers, crushing anyone behind the walls.

3) In many cases, there is structural damage to the home. This sort of collision can compromise the foundation or walls which are structurally important to the home. In some cases, the home cannot be salvaged or requires very extensive (and expensive) repairs.

4) The vehicle sustains serious damages. In many cases, the vehicle doing the damage is also seriously injured and the driver usually is killed or sustains serious injury.

5) The occupants of the home are typically not prepared. In a Florida car accident, victims may have only seconds to respond but may have at least a few seconds to try defensive driving. In a situation where a vehicle crashes into a home, there is typically no warning and occupants often have no time at all to get to safety.

6) There is a risk of fire. This type of collision can easily lead to a fire since the crash of the truck through walls can harm electrical wiring and gar lines and can also create sparks.

Continue reading " Florida Truck Accidents Involving Homes " »

While large commercial tractor trailers get a lot of attention in discussions of Florida truck accident risks, delivery trucks are also a danger on the state's roads. Delivery truck accidents can lead to the same serious injuries and to fatalities. As well, there are a number of factors that make delivery trucks especially dangerous:

1) There are a great many delivery trucks on the roads. In addition to major courier services, most cities have local couriers as well as a host of local companies offering delivery service. The large number of delivery trucks increase the odds that these vehicles will be in accidents.

2) Driver training varies widely. Commercial truck drivers are required by federal law to meet specific training requirements and to commit to specific job-safety standards (such as hours of service regulations). This is also true of delivery truck drivers working for large national companies. However, local companies with drivers operating smaller trucks often are not required to adhere to such regulations.

3) The pressures of the job. Delivery truck drivers – especially drivers working for couriers – are under a great deal of pressure to deliver packages under very strict deadlines. This can lead to mistakes, speeding and carelessness that can lead to serious accidents.

4) Delivery trucks often deliver items to residential areas. While commercial tractor trailers largely drive on highways, delivery trucks generally make deliveries to residential addresses – including addresses in areas where a driver may not be familiar with a specific neighborhood. This can increase the risk of Florida pedestrian accidents involving such trucks.

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Two recent truck accidents in Florida have made headlines and have highlighted some of the risks on Florida roads. In one incident, well-known professional wrestler Randy “Macho Man” Savage suffered a heart problem while driving his Jeep truck. His heart was on the accelerator when he lost consciousness due to ventricular fibrillation (VF) and lost control of his vehicle. His wife, who was a passenger in the car with him, steered the car away from the traffic and into a tree. Many experts believe that her actions helped prevent a more serious Florida car accident. Sadly, Randy “Macho Man” Savage passed away as a result of VF.

In the second incident, a 29-year old man in Florida caused a 5-car accident and $44,000 in damages when he dropped his cell phone in his car and bent down to pick it up. Since his eyes were not on the road, he did not notice when the cars in front of him stopped and he plowed his truck into four cars and then crossed lines of traffic before ending in a ditch. He was charged with careless driving.

That incident highlights the dangers of distracted driving – and shows that not all distracted driving is caused by texting while driving. Any activity that takes your eyes off the road is dangerous and can lead to charges filed against you. Even taking your eyes off the road for a few seconds can mean that you don’t have time to react to a stopped car or a pedestrian and can cause you to be in a Florida car accident.

Both accidents also show how quickly Florida truck accidents can happen. A sudden medical emergency or a moment's distraction cause thousands of Florida car accidents and truck accidents each year and each such accident can result in fatal injuries that can change families in tragic ways. While there may be no way to predict a medical emergency, there are ways to help prevent Florida truck accidents and car accidents.

For example, drivers can place possessions – including cell phones – safely in the glove compartment or the trunk. In the event of a collision, this prevents these objects from becoming airborne. Each year, victims in car accidents are seriously injured by flying objects inside a car, so the fewer items you have loose in your car the less likely you are to be injured and the less likely you are to be distracted. Turning off your mobile devices and putting them away entirely is also an important safety precaution. The temptation to just take a quick peek at your messages can be strong – and that one quick peek can result in a tragic accident.

Continue reading " Two Recent Florida Truck Accidents Show the Dangers of Driving " »

New plans by the government could improve the economy in Florida while also possibly helping to prevent Florida truck accidents. A new government plan will divert some cargo traffic from trucks to a Florida East Coast Railway line that runs between Hileah and the Port of Miami. The move – slated to cost millions – could remove up to 5% of truck traffic between the cities and could reduce downtown Miami traffic by 1.4%. Since heavy traffic is considered a contributing factor to both Florida car accidents and truck accidents, one can’t help but wonder whether the move will help reduce collisions.

Changes to the railway line could be finished by 2012, thanks to a $22.7 million grant from the government and a further $10.9 million from the Florida Department of Transportation. Miami-Dade County will contribute $4.8 million to the project. The rail will help to get rid of 60 000 truck trips each year between Miami and Dodge Island.

The Miami Access Tunnel project is also underway. The two tunnels now being constructed will connect the port of Miami to Watson Island. This project, too, will help remove some truck traffic and other types of traffic from Miami. According to the Florida Department of Transportation, 16 000 vehicles each day travel through Miami's downtown to get to or from the port. This includes about 4, 480 cargo trucks, or about 28% of all traffic. Each year, this amounts to 1.16 million trucks and 4.16 million vehicles traveling in the downtown area due to the Port of Miami. Diverting some of that traffic could have an impact on traffic and therefore the risk of collisions.

Experts believe that up to 80% of passenger cars traveling from the Port of Miami and to the area can start to use the Miami Access Tunnel once that is completed. However, there are plans underway to make Miami and Florida in general a cargo capital, and there are concerns that this could mean more traffic in the area over the long term. When the Panama Canal expands in 2014, more cargo and larger ships could eventually start heading for Florida. Experts believe that by 2015 and 2016, the Port of Miami will start to see a large increase in the number of cargo ships destined for the port.

So far, no research has been published about how the changes in the Panama Canal may affect truck traffic or Florida truck accident rates across the state. The construction of the Miami Access Tunnel and the changes to divert more traffic to railways may help to offset some of the traffic, but hopefully more research will be done to determine the effects of the changes on overall traffic and traffic accident rates.

Continue reading " Will Plans to Change Cargo Ship and Train Access Affect Florida Truck Accident Rates? " »

Dr. Ronald R. Knipling has questioned some of the research submitted by the Federal Motor Carrier Safety Administration (FMCSA) as support of its hours of changes regulation revisions. Dr. Knipling used to work at the research division of the FMCSA and noted that the published study by researchers Pennsylvania State University was not of much use because of problems with the sample of drivers in the study. As well, Dr. Knipling noted that other factors involved in the crashes studies were not closely analyzed.

Dr. Knipling also found problems with a study by the Virginia Tech Transportation Institute. He also noted that the FMSCA's reference to a study of Florida bus drivers in terms of hours of service regulations did not make sense, as the study might be useful in studying Florida bus accidents, but not interstate truck driving risks. Dr. Knipling has done his own research into fatigued driving and has found several risk factors that can contribute to truck accidents:

1) Fatigue associated with lack of sleep is associated with truck accidents. Fatigue related to work schedules and driving does not contribute as significantly to truck accidents, according to Dr. Knipling.
2) Fatigue associated with being awake for more than 16 hours at a time contributes to truck accidents.
3) Early morning driving contributes to car accidents. Due to increased exposure, Dr. Knipling also concluded that truck accidents are more likely during daytime driving.

The questions over research studies highlight some of the challenges of creating hours of service and other regulations to prevent trucking accidents. While the FMSCA works to prevent Florida truck accidents and accidents across the country, it can be difficult to determine which measures may be most effective in preventing such collisions.

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Teen drivers across the state have higher rates of Florida car accidents, and experts believe that this is the case because younger drivers simply have less experience when it comes to dealing with common road hazards and situations. For example, many teen drivers have little experience sharing the road with trucks. To ensure that your teen has the skills to avoid a collision with a truck, make sure that you:

1) Have your teen sign a no-distracted-driving and no-drinking-and-driving agreement. You can find such pledges on the Mothers Against Drunk Driving (MADD) website or you can devise your own. It’s important to really explain to your teen the dangers of drinking and driving or driving distracted, as these behaviors greatly increase the risk of a Florida truck accident.

2) Go over the rules of driving around trucks. Better yet, take your teen out in a car and teach them the basics of allowing extra room behind a truck and the basics of passing a truck safely. Do not just assume that your teen was taught about sharing the road with trucks in driver's education. Your teen may not have absorbed that information enough to apply it easily.

3) Pay for extra training for your teen or ask your teen to get extra training before giving your new driver car privileges. Most teen driver programs cover a lot of ground and some include minimal in-car instruction. Extra defensive training or extra in-car lessons with a qualified instructor can be very helpful in giving your teen some extra skills and experience.

4) Limit the behaviors that can cause your teen driver to get into a car accident. When you allow your teen to drive, consider placing a limit on the number of passengers your teen can have in the car while driving. As well, if you live in a small community, consider limiting your teen to non-highway roads for a few weeks or a few months. Once your teen gains confidence and experience on smaller and less busy roads, you can then permit your teen to share the road with trucks.

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Truck accidents claim thousands of lives in Florida each year. If you have lost a loved one in a Florida truck accident, the devastation can be very traumatic. The loneliness, hurt, and upset can take many years to heal. When a loss has been caused by a driver's negligence or recklessness, the loss can sometimes be even harder to accept.

If you have lost a loved one in a traffic accident, your immediate concern will likely be with arranging for memorial or funeral services. You will also need time to grieve and there will likely be estate issues to deal with as well. However, if the accident was caused by negligence or recklessness, you will also want to consult with an experienced Florida wrongful death attorney.

Waiting after an accident to file a claim reduces the chances of success, because important evidence will be lost and because there are statutes of limitations in these cases. Although it can be difficult to think of legal action at a time of grieving, it is important to at least consider all your options. A consultation with the Flaxman Law Group can help you understand your choices and can help you move forward.

Florida law allows you to recover for end-of-life costs, medical costs, and other related costs in cases of a fatal car or truck accident that was caused by negligence or recklessness. Pursuing the claim you may be entitled to under the law can help protect your family and can leave you with some financial security as you work to heal. The Flaxman Law Group is compassionate and has worked with many grieving families in Coral Gables, Miami, and throughout South Florida. We take care of all the details, so that you can focus on healing.

It can be a difficult decision to contact an attorney after a devastating loss, but it can be an important part of the healing process. A Florida personal injury attorney can investigate the accident to provide you with some answers and some peace of mind. A good attorney can also pursue your case and in some cases can even help save other families from such a loss. If the accident which caused your loved one was a Florida drunk driving accident or was caused by dangerous driving, legal action can ensure that those involved are held responsible. In some cases, legal action can bring about changes that can help prevent further tragedies.

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Florida truck accidents have an immediate and physical result. Drivers see the incredible physical devastation these accidents cause every day on the roadways, and emergency rooms and hospitals in Florida are filled with patients experiencing the immediate physical effects of burn injuries, broken bones, spinal cord injuries, and other injuries caused by truck accidents. However, there are also emotional and financial outcomes of truck accidents, which, although less immediately obvious, are no less devastating to victims.

Victims of Florida car accidents and truck accidents often find that once they are discharged from the hospital, the financial realities of their situation become very evident. Most victims of truck accidents in Florida are not able to return to work immediately; some have permanent injuries which ensure that they are never able to return to work. Therefore, these patients find that their source of income disappears at about the same time as substantial medical bills start arriving from the hospital and from doctors.

Treatment for Florida brain injuries, spinal cord injuries, and other common injuries caused by truck accidents, can easily total tens of thousands of dollars a year. Many patients find that their insurance providers are reluctant to pay the substantial bills outright. At the same time, the usual bills, such as the mortgage and the credit card bills, continue to arrive, adding to the financial stress and the upset of the patient who is still trying to recover from the physical trauma of the accident.

The terror caused by the accident and the injuries, coupled with the financial strain of the accident, often causes emotional repercussions. Many individuals who have been in a Florida truck accident report disrupted sleep, mood swings, an altered appetite, depression, anger, and other signs of stress and trauma. However, in some cases insurance companies are reluctant to pay for therapy or counseling.

Luckily, there are provisions in Florida law which can help victims of truck accidents. If you have been in a truck accident in Florida, contact a qualified Florida personal injury attorney. A good attorney can investigate the case for you, negotiate with insurance providers and even pursue the case through the court system to ensure that you get the support you need to focus on healing.

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Many Florida brain injury patients sustain their injury in truck accidents and traffic accidents on Florida roads. Unfortunately, Florida truck accidents are more likely than other types of traffic accidents to lead to fatal and permanent brain injuries. The force of a large truck can effectively crush a passenger vehicle and the occupants inside, leading to devastating losses. Common brain injuries in Florida truck accidents include:

1) Whiplash. Whiplash can occur when the head and neck area is injured due to sudden, rapid movement. In a truck accident, this can often occur when a car collides with a truck and comes to an abrupt stop. Whiplash is hard to detect in MRIs and other scans, making it difficult to diagnose. Unfortunately, this condition can also leave a patient unable to work and unable to resume everyday activities for months.

2) Traumatic brain injury. Brain injury can also occur when the brain pushes or slams up against the inside of the skull, usually in response to a head injury where the victim's head collides with a hard surface (such as a dashboard). When this happens, the brain may swell, bruise, or even bleed, potentially leading to brain damage. This type of injury may be permanent or may take years to heal. Some patients are unable to resume their jobs or everyday tasks. In some cases, such injuries are fatal.

3) Puncture injuries. In a truck accident, objects in a car can easily become airborne and can easily become lodged in the skull due to the impact of the crash. When an object punctures the skull, it typically causes widespread trauma which is often fatal. In cases where a patient survives this type of injury, the brain damage caused may be permanent.

If you have sustained a brain injury in a Florida truck accident, it is important to contact a qualified Florida personal injury attorney. Brain injuries are hard to diagnose and difficult to treat. Florida brain injury patients often spend years and in some cases a lifetime trying to recover from their injuries. Good recovery requires considerable resources, as the treatment options for these types of injuries are expensive. A good attorney can help you pursue a settlement or compensation, so that you are able to afford the treatment options you deserve.

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