Florida Trucking Accident Lawyer Blog

Drivers who choose to drive drunk are at risk of Florida car accidents, but also at risk of fatal truck accidents. That's because commercial truck drivers are often on the road late at night, when many drunk driving accidents take place. When drunk drivers take reckless risks around commercial trucks, those risks are likely to be their last. Commercial trucks can weight up to 80 000 pounds fully loaded and take much longer to come to a complete stop when compared to passenger vehicles. Commercial trucks are not as flexible and cannot make the same defensive maneuvers as passenger vehicles. A drunk driver weaving around trucks may cause a collision. In this type of crash, the passenger car driver is likely to suffer serious injuries or even death, due to the size and force of the truck. According to the AAA, there are many things that drivers can do to prevent Florida drunk driving accidents involving cars or trucks:

1) Get your car serviced regularly. Whether you plan on drinking or not, keeping your car in good repair is important, as it ensures that your car will respond the way you need it to in case you need to drive defensively. Even if you make the right decisions about drinking and driving, other drivers may not. Having a car that functions well can help you stop in time or can help you get out of the way of an accident.

2) Do not drink and drive. The easiest way to avoid a Florida drunk driving accident is to simply avoid drinking driving. If you drink, find another way home. If you are going somewhere where alternative forms of transportation will be difficult to find, avoid drinking entirely.

3) Avoid distractions. Drinking and driving is not the only danger on the road. You cannot share the road safely with trucks and other vehicles if you are distracted. You may not notice changes in traffic flow in time if you are looking at a cell phone or playing with the radio. Shut off your cell phone when you drive and pull over to the side of the road if you need to make a call or need to change a CD.

4) Have a few plans for getting home safely – whether you intend to drink or not. Even if you decide to go out and not drink, you need to have a plan for getting home safely. You may end up drinking after all, or you may be too tired after a long night to drive safely. If you decide to drink, make sure that you have a plan for getting home safely. Better yet, have a few options. That way, if one option does not work, you still have other ways of getting home. That is, have a designated driver and money to take a cab or have money set aside to get a hotel room if you need it.

5) Avoid driver fatigue. If you stay out late at a restaurant and bar and do not drink, you are still a risk on the road if you are fatigued. Driving fatigued can slow down your driving as much as alcohol. As well, driving tired late at night means that you run the risk of falling asleep at the wheel. If you are too tired to drive, take a cab or get a ride from a sober friend.

Continue reading " Are Drunk Passenger Car Drivers More at Risk for Florida Truck Accidents? " »

Professional drivers, such as commercial truck drivers, face very close restrictions on their driving. Commercial truck drivers must pass more testing and get more training than the average driver. They must also adhere to more rules, including federal hours of service rules, in order to drive on the roads. Commercial truck drivers are also subject to close scrutiny and testing for alcohol and drug abuse. Truck carriers face lawsuits and legal problems if their drivers drive drunk. For this reason, drivers who drive under the influence face several penalties and loss of work. Despite all of this, some truck drivers report being involved in alcohol-related crashes, often when drunk drivers rear-end or collide with their truck. There are many reasons why truck drivers are susceptible to this kind of crash:

1) Truck drivers are on the road more often. Quite simply, most commercial truck drivers spend far more time on the road than the average driver. Longer hours simply means many more hours where an accident can take place.

2) Commercial truck drivers are more likely to be driving late at night. Many commercial truck drivers work odd hours, sometimes driving late at night or early in the morning. This is also when more inebriated drivers are more likely to be on the road, as these are the hours when bars close and when parties end.

3) Truck drivers are more likely to be driving around the holidays. Many businesses require more inventory, more deliveries, and more help around the holidays. Often, this means that truck drivers are busier around holidays, and more often on the road. Unfortunately, holidays also mean more parties and more drinking. Most authorities report an increase in the number of Florida drunk driving accidents around holiday weekends.

4) Truck drivers cannot stop as quickly as passenger vehicles. In many cases, drunk drivers in passenger cars take risks, such as weaving around other vehicles, driving without lights, and taking other risks. While commercial truck drivers are experienced and trained in avoiding collisions, commercial trucks take much longer to stop than most passenger vehicles. This means that if a drunk driver cuts off a truck, the truck may simply not be able to stop in time to avoid a collision. Drunk drivers may be uninhibited and too drunk to be aware of the risks of larger trucks. Taking risks can lead to fatal truck accidents.

Truck drivers and the truck driving industry do a great deal to prevent accidents. However, drunk driving by any driver can contribute to Florida car accidents and truck crashes. It is one more reason to emphasize the importance of driving sober.

Continue reading " Are Truck Drivers More at Risk for Florida Drunk Driving Accidents? " »

Truck carriers do not permit commercial truck drivers to text and drive or use cell phones while driving. In fact, federal rules place many restrictions on commercial truck drivers in a bid to reduce serious truck accidents. However, commercial truck drivers are still generally allowed to use hands-free devices. In fact, many drivers rely on these devices as a communication device while on the road. Hands-free devices help them contact their carrier and even call for help when needed. However, a new study finds that hands-free devices may not be useful in helping to prevent Florida car accidents and truck accidents after all.

According to a new study by the Governors Highway Safety Association, there is no firm evidence to show that hands-free cell phones are safer to use when driving than hand-held devices. The study examined hundreds of research studies and reports concerning distracted driving. The researchers found evidence that cell phone use increases the risk of a collision, but could find no evidence that hands-free devices are safer. Researchers did find that 15-25 percent of all traffic accidents were caused by cell phone use.

According to researchers, part of the problem is that drivers must still dial the phone or look at the phone in order to dial a number. According to some commercial driving research, the dialing of a number is considered a high-risk activity while driving, and hands-free devices do not necessarily remove this risk.

Some experts have also hypothesized that hands-free devices do not remove the emotional distraction of mobile devices. That is, a driver engaged in a phone conversation is necessarily distracted because he or she is not thinking about just driving. However, no firm research has been done about the effects of this specific type of emotional distraction.

Currently, cell phone carriers in the US do not release data about whether people use their phones or are dialing at the time of an accident. This makes it harder for researchers to determine exact causes of accidents. As well, in some cases, more than owe distracting factor may contribute to a Florida truck accident or traffic accident, and in these cases it is hard to determine what role a mobile device played in the accident.

Even more troubling are studies by The Highway Loss Data Institute, which found that cell phone bans in four states did not reduce the number of accidents in those states. These studies call into question whether legislation alone can help reduce crashes.

Despite the many questions, the Governors Highway Safety Association recommends a ban of hands-free and hand-held phones for new drivers. According to the researchers, new drivers are at highest risk of accidents and this type of ban can help new drivers avoid added distractions during the learning period. At the same time, however, researchers admitted that they have not found any proof that cell phone bans for new drivers help prevent car accidents. About 30 states have this type of legislation, and none of these states found a drop in the number of new drivers involved in car accidents.

Continue reading " Hands-Free Devices and Florida Truck Accidents " »

If you drive a passenger vehicle, your car stands no chance against a large tractor trailer in a collision. Each year, many lives are lost due to Florida truck accidents, but there are things you can do to help protect yourself and your loved ones, according to law enforcement and other experts:

1) Stay alert to existing Florida car accidents and truck accidents. Listen to the radio or check the traffic reports before leaving home, so that you can avoid congested areas and accident sites – which have higher risks of accidents. The Florida Department of Transportation’s (FDOT) has even launched a new Florida 511 iPhone application as a free download on iTunes. The app provides free real-time traffic information for Florida's major roadways and can be used with GPS to help drivers keep track of accidents near their current location.

2) Keep your car in good condition. When your car is well-maintained, it handles more reliably, allowing you to get out of dangerous situations. Check your car's owner manual to determine what basic maintenance your vehicle needs and then schedule the needed maintenance.

3) Avoid distracted driving. You cannot drive near trucks safely if you are texting or talking on the phone while driving. Trucks take longer to stop and may make unexpected stops. You need to be alert, and that means putting your mobile devices away while you are on the road. Avoid other distractions, too. Changing CDs in your car, having animated conversations with passengers, or eating while driving can all be fatal mistakes.

4) Drive sober – and well rested. Both fatigued driving and drunk driving affect your motor skills and your response times. To prevent a truck accident, you may need to act fast, and you cannot do that if you are not at your best. Florida drunk driving accidents and accidents caused by fatigued drivers are very preventable, so work to prevent these accidents from happening to you.

5) Get some good coaching. If you have had more than one or two near-accidents or Florida car accidents in the past year, it is a good idea to get some additional driver training. Most drivers believe that their driver education ends when they get their license, but in fact the world's best drivers – including race car drivers and stunt car drivers – get continuing education to improve their skills. If you need to, consider a refresher course, a racing school course, or defensive driving course. In some cases, you may even be able to enjoy a car insurance discount as you enjoy safer driving.

6) Make provisions for commercial trucks. Driving near other passenger vehicles is not the same as driving near large commercial trucks. Large trucks require more room, and it is important to ensure that truck drivers can see you. Learn to respect the larger vehicles on the road and you will keep yourself and your loved ones safer.

Continue reading " Expert Tips for Preventing Florida Truck Accidents " »

Florida truck accidents and car accidents are two of the most common causes for personal injuries. Unfortunately, due to the size and force of trucks, truck accidents in the state tend to lead to especially severe injuries. If you have been in a Florida traffic accident, your first aim should be to get medical attention. Some patients – including Florida brain injury patients – need immediate medical attention to prevent complications and to increase the chances of survival. However, if you do not need medical attention, you should gather some information at the scene of the accident. Among the items of information to gather are:

Information about the other truck or car and driver. Gather, if you can, the name, driver's license number, address, and phone number of the driver. As well, write down the make and type of truck or car, as well as the car year and license number. In the event of a commercial truck, write down the location where the truck came from and the truck carrier or the owner of the truck as well. If the other driver makes a statement or seems impaired, note this. As well, write down any details of the passengers in the other car or truck. This should include the names, addresses, and phone numbers of all passengers in the other car or truck. Finally, write down the insurance information for the other driver. You will need to reciprocate and share the same information with the other driver involved in the accident.

Information about any witnesses on the scene. Take down names, phone numbers, and addresses of anyone who saw the accident. Their testimony may be very important if you need to take legal action.

Information about any wrecker services used. Write down the tow services or wrecker services used for your car or any car or truck involved in the accident. Write down the name of two truck operator and the name of the service, if possible.

Any details about the conditions of the accident. Write down the location, time, and date of the accident, as well as any pertinent conditions regarding weather, lighting, road conditions, traffic conditions, visual obstructions, and anything else which may have contributed to the accident. If there are specific weather conditions or other conditions which may have contributed to the accident, you may want to take photos at the scene, if you have a camera handy.

Other details about the conditions and aftermath of the accident. Note the speed at which you were going, and any traffic controls in the area. If someone is cited to be at fault, note the details, including the reason given. Note who was wearing seatbelts and who was not, as well as the direction each car was traveling. Note the location of the impact and the damage done to the car as well as any damage done to the street or landmarks in the area.

It is always better to take down more details than fewer. If you are in doubt, write in down, as you will start to forget details soon after your accident. If you have been taken to hospital, you can jot down a few details while waiting for tests. However, focus on your health first. If you cannot get details of the accident because you are rushed to the hospital, don’t worry: law enforcement will get the details of the accident. If you decide to pursue legal action, a Florida personal injury attorney can work with private investigators and accident reconstruction professionals to determine the details of the crash. However, since evidence only lasts for so long, it is important to contact a qualified attorney as soon as possible after your accident.

Continue reading " What to Take Down After a Florida Truck Accident " »

Many states – including Nevada, recently – have bans prohibiting hand held cell phone use or texting while driving. No state has a blanket ban on mobile devices, so even the stricter states allow the use of hands-free mobile devices. In many cases, these devices have features which allow users to dial numbers and even send and receive text messages without taking their eyes off the road. The idea behind these devices is that they are safer because they do not require drivers to look down to check messages or dial a number, allowing drivers to keep their eyes on the road. Currently, Florida has no bans on cell phone use or texting while driving, even though a number of attempts have been made to pass this type of legislation.

While a number of experts and residents believe that Florida should follow the lead of other states and pass cell phone bans and texting bans for drivers, new studies by the Governors Highway Safety Association cast doubt on the idea that such bans could help reduce Florida car accidents and truck accidents. According to the Governors Highway Safety Association, cell phone bans do not necessarily reduce the number of traffic collisions. While numerous studies – including the Governors Highway Safety Association research – show that distracted drivers are more at risk of accidents than non-distracted drivers, the new study does not show a clear correlation between the use of hands-free devices and lower car accident and truck accident rates.

The Governors Highway Safety Association research examines nine states that have instituted a cell phone ban. Researchers found that drivers are distracted by many things – up to half of their driving time. However, researchers in the study also found that drivers adapt to the use of the phone and pay more attention to the road. Another study, by the Insurance Institute for Highway Safety (IIHS) also found that states with hands-free and no texting legislation actually experienced an increase in the number of traffic crashes after their new legislation. According to experts, part of the problem is that after texting and cell phone bans, many drivers continue to take part in the risky behavior – but place their mobile devices in their lap so that they will not be caught and ticketed. With mobile devices in their laps, drivers spend more time with their eyes off the road – and are therefore more likely to cause a truck or car accident.

Currently, commercial truckers in Florida and across the US are prohibited from texting while driving. As well, truck drivers must adhere to a number of rules about hours of service and rest stops. Nevertheless, truck drivers are still sometimes involved in fatal Florida truck accidents because of texting and driving or cell phone use while driving. As well, while commercial trucks are banned from texting and driving, in Florida passenger vehicles are not subject to these same restrictions and drivers of these cars can and do cause serious traffic collisions.

Continue reading " Do Texting and Handheld Phone Bans Help Prevent Florida Truck Accidents? " »

When trucks collide with passenger vehicles, everyone in the passenger vehicle is immediately at high risk of serious injury. In cases where children are in the passenger vehicle, the outcome can be even worse for them. Since trucks are so much larger than cars, the force of the impact is likely to leave passenger car victims with severe injuries. Since children are smaller, their injuries can easily become life-threatening.

As well, while car manufacturers create a number of safety systems for adult drivers and passengers – including safety belts and air bags – these same systems often cannot protect young children. Indeed, for very young children, air bags can pose a danger of head injuries while seat belts can lead to lacerations. Parents are expected to provide safety seats and age-appropriate child safety restraints for their children.

However, laws in Florida re quite lax when it comes to booster seats for children. In fact, only Arizona, Florida, and South Dakota do not have any booster seat requirements for young passengers, even though booster seats and other age-appropriate child safety restraints have been shown to decrease the risk of fatalities and injuries in young passengers in the event of a truck accident or car accident. While parents can – and often do – choose to get age-appropriate child safety restraints for their children, they are not required by law, in many cases, to do so.

Adults in Florida truck accidents often suffer from spinal cord injuries, broken bones, brain injuries, and other serious injuries. Each year, many adults die in truck accidents and traffic accidents. However, there are many things that can be done to help prevent child fatalities in such accidents. One of the most important things drivers can do is to ensure that all child passengers always use an age-appropriate child safety restraint.

Continue reading " Child Victims of Florida Truck Accidents " »

Commercial trucks are subject to strict federal rules which ensure operator safety. Drivers of these trucks need special training and must observe hours of service rules as well. Does this mean that commercial trucks are actually less likely to be involved in Florida car accidents and truck accidents?

While commercial trucks, such as tractor trailers, are in fact involved in fewer accidents – they are only involved in about 2.4% of all national traffic accidents – and are less likely to be in an accident than a passenger vehicle, the impact of these fewer accidents is very high. While the number of commercial truck accidents is lower than the number of car accidents, the devastation caused by the fewer number of truck accidents is immense.

According to the National Highway Transportation Safety Administration, 11% of all traffic fatalities in 2008 were the result of large truck accidents. That year, 4,229 fatalities occurred as a result of truck accidents. Of these fatalities, 74% involved the passengers of a car. Quite simply, when a large commercial truck is in an accident with a passenger vehicle, the passengers of the smaller car are at very high risk of serious and life-threatening injuries.

Large commercial trucks are also more likely to cause multiple-car accidents, simply due to their size. The amount of time it takes a truck to stop is longer and the length of the truck is also longer than that of a passenger car. When a truck brakes during a collision, the truck will likely travel the car-length of several passenger vehicles – hitting any cars that happen to be in the way.

A number of Florida truck accidents can be avoided. Operator safety issues, such as driver rests and monitoring of driver logs, can have an important impact in terms of reducing accidents. As well, reducing incentives for speeding and fatigued driving – incentives such as pay per mile – can also help encourage truck drivers to make safety a priority.

However, in many cases, passenger car drivers also need to be addressed. Some statistics suggest that as many as three-quarters of all truck accidents involving passengers cars are the fault of the passenger car. Better driver education and more education programs for passenger drivers can help teach these drivers how to safely share the road with trucks.

Continue reading " Are Commercial Trucks Less Likely to be in a Florida Truck Accident? " »

The Health & Safety Executive has reported that since the Fork Lift Truck Association's National Fork Lift Safety Week initiative was launched, UK has seen fatal fork lift truck accidents decline by two thirds. In 2006/7, 16 workers in the UK died due to such accidents, while in 2009/10, five workers were killed in these accidents. This is the third improvement in statistics.

Experts in the UK have reported that fork lift truck accidents are among the most dangerous accidents for workers. Even with the recent reductions in the number of these fatal truck accidents, there were 369 serious but non-fatal fork lift truck accidents in the UK in the past year – an average of one serious accident per year. Many of these accidents were life changing amputations, brain injuries, and other such serious incidents.

Can Florida learn from the UK example to reduce the instances of Florida truck accidents? There certainly seem to be a number of take-away lessons from the UK example:

1) Truck accidents can be reduced through effort. Although many people see accidents as an unavoidable reality of life, the UK example shows that the number of accidents overall can be reduced with concerted effort. Statistics prove that over three consecutive periods, the number of fatal truck accidents dropped. The statistics were also adjusted for the economic downturn, so it is not only the recession that is helping to reduce the accident rates in the UK.

2) Education is key. The Fork Lift Truck Association's National Fork Lift Safety Week was introduced in 2008 to help educate workers and the public about safety and to promote safety best standards. This program is credited for helping to reduce fatal fork lift accidents across the UK.

3) Training is important. The Fork Lift Truck Association's National Fork Lift Safety Week focuses on different safety topics every Safety Week. Recently, the Fork Lift Truck Association has been focusing on training, with the slogan "more skills, less spills." According to the Fork Lift Truck Association, poor training increases the risk of serious accidents.

Continue reading " Could a Lowered Rate of Fork Lift Truck Accidents in the UK Help Prevent Similar Florida Truck Accidents? " »