Florida Trucking Accident Lawyer Blog

According to some experts, the number of Florida truck accidents and car accidents may be caused in part by severe parking space shortages for commercial truck drivers. Statistics show that some roadways, including Florida's popular Interstate 95, see 1000 trucks or more daily. In many cases, truck drivers need to rest while driving on Florida streets. In places where there are no truck stops or areas for resting, the drivers need to pull over onto an exit ramp or highway shoulder in order to rest. However, experts agree that every time drivers do this, they put other motorists at risk for sideswipe car accidents and other Florida car accidents.

According to representatives with the Florida Department of Transportation, large commercial trucks and tractor trailers can be seen parking all over Florida, including under bridges, in parking lots, in ride lots, along the road, and in other places. That may be about to change -- and those changes could reduce the number of Florida car accidents and truck accidents caused by lack of parking spots.

Florida has been awarded $1 million by the Federal Highway Administration to add 90 truck parking spaces near Interstate 595, at a brand-new truck stop. According to the Florida Trucking Association, this is a great move that will give motorists and truck drivers alike a safer place to park than on road shoulders.

According to experts, the new truck stops will also address a basic problem. In 2003, the federal government began to require hours of service restrictions and rest periods for truck drivers. However, in many places there was not adequate space for truck drivers to stop and rest -- and the new federal laws did not necessarily create places or designate area where drivers could park safely and rest. This meant that more drivers were parking along roadways and in other areas, which ironically can actually increase the risk of Florida truck accidents and car accidents.

As transportation budgets have been slashed over recent years, many states have also closed existing truck stops, further restricting where truck drivers can stop and rest. According to the Federal Motor Carrier Safety Administration, 7% of truck accidents involve driver fatigue. Statistics such as these suggest that more needs to be done to ensure that truck drivers have safe places to rest. U.S. Rep. Paul Tonko, D-N.Y has already proposed earmarking $20 million each year to add truck parking across the country and to open more rest stops. The bill introduced by Rep. Tonko is named Jason's Law, named after a truck driver who was killed while parked in an abandoned gas station.

Continue reading " Could a New I-595 Truck Stop Help Prevent Florida Truck Accidents? " »

If you have teens moving to college, your teens may wish to hire a rental truck with friends or may be planning on packing their belongings into a car in order to get their belongings safely to their dorm room. However, Florida moving truck accidents do happen, so you want to make sure that you avoid this type of thing from happening to your children. Here's how you can help:

1) Discourage your child from overloading their car with their possessions. Many teens move to college by stuffing as many of their possessions as they can into a car. While it's true that most teens don't have tons of possessions and furniture, overloading a car can still be dangerous. It can obstruct visibility and make it hard for them to see through their rearview mirror or through their side windows. Placing additional pressure on tires can also lead to a tire blow or Florida car accident. If your child is moving with lots of possessions, consider a truck or travel in multiple cars.

2) Discourage your child from renting a truck and driving it themselves across the country or across the state. Rental trucks have varied safety records, and your child may simply not have enough experience with a large truck to drive safely. If your child needs a larger truck, consider hiring professional movers, or urge your child to pool resources in order to move with other college students this fall. Hiring professional movers as part of a group can cost just as little as renting a truck and driving it themselves.

3) Consider driving your child to college yourself. If you have a pickup truck or a larger van, you may be able to fit most of the possessions into this vehicle. If both you and your child have a vehicle, you can distribute your child's possessions between two cars and get to the college safely.

4) Help your child make a good moving choices. Help your teen pack and label possessions correctly, and explore all the options for moving together. There are many low-cost options for moving to college. For example, classified ads often have offers from college students moving at this time of year or looking for someone to share a truck with. This can be a relatively safe way to get your child's possessions to college at a low cost and with less risk.

If your teen does not have extensive experience with driving a truck, it can be dangerous to let your child rent a large truck in order to move their possessions into a dorm room. Similarly, it is very dangerous to overload a passenger car with possessions. Help your teen make the right decisions, to ensure that your child is not a victim of a Florida car accident or truck accident.

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Moving companies are busy at this time of year because many families and students move before the start of the school year. Unfortunately, moving also brings risks with it. Each year, Florida truck accidents involving moving trucks cause serious injuries. As well, moving can cause back problems and minor injuries.

If you are moving and you decide to move yourself, carefully consider the truck you will be hiring. Some investigative news reports have found that some rental moving trucks have poor maintenance and safety records. In some cases, customers have complained about poor truck performance. If you do rent a moving truck, try it out first and take the truck to a mechanic you trust to ensure that the truck is road-worthy.

Make sure that you rent the right size of truck and that you pack and load your truck correctly. Overloading a truck can place additional stress on the tires and can lead to tire blowouts. It is a good idea to estimate the weight of your possessions and then to get a truck slightly larger than you need. However, do keep in mind that the larger the truck, the more unlike it will be from a passenger vehicle. Commercial truck drivers have extensive training to drive larger vehicles. Without this type of training, you may feel uncomfortable and be unsafe in a larger truck.

Incorrectly loaded and packed trucks can also be a danger, as they can cause the load to shift while you drive, which can cause you to lose control of the vehicle. Incorrectly loaded moving trucks can also be subject to roll-overs. Distribute the weight evenly inside the truck and secure the load with straps (available at many home building stores and automotive stores) to ensure that the load will not shift before transport.

Give yourself plenty of time to move and move on a day when visibility is good. If you plan on moving yourself with a rented truck, be sure to give yourself plenty of time. You will need time to pack the truck carefully and gradually and you will need time to take the rental truck to a mechanic before you drive it. You may also want to drive the truck around for a short time to get comfortable with the vehicle. Give yourself extra time to get to your destination and try to travel during the daytime, when visibility is better.

Given the dangers of moving yourself, you may want to consider alternatives to moving yourself. Many people choose to move themselves because the costs are much lower than hiring professionals. However, there are alternatives. You can rent a truck yourself and hire a truck driver to drive your possessions to your new destination. There are also "do it yourself" moving companies. These companies will deliver a freight crate to your current address and you can take time filling the crate. When you are done, a professional truck driver will deliver the crate – with all your possessions – to your new address. This costs less than a professional moving service but does not require you to drive a large truck.

If you hire do decide to hire professionals, stay well out of the way. Large commercial moving trucks have many blind spots, so it is important to keep pets and children away from the truck, to avoid accidents.

Continue reading " Florida Moving Truck Accidents and Moving Safety " »

At this time of year, there are many end-of-summer parties with alcohol. The roads are also busier with tourists coming to Florida for one final holiday and trucks delivering back-to-school goods to stores. As well, there are many moving trucks on the road as the end of summer is a time when many college students are moving to campus and many families are moving ahead of the school year. Alcohol-fueled parties and extra traffic on the road are not a great combination, and they can mean Florida truck accidents and DUI accidents.

You can help prevent accidents at this time of year if you:

1) Plan your own parties carefully. If you hope to have an end-of-year party, prevent accidents by having a plan to get guests home safely. You can hire a designated driver or a van service for a low cost. You can arrange to have taxis to call. Plan to start scaling back servings of alcohol earlier in the evening, too, to help prevent DUI and other accidents. As well, remember that alcohol does not just lead to Florida drunk driving accidents; it also affects mobility and inhibitions, so that guests are more at risk of slip and fall accidents as well as other injuries. You could be held liable if you serve alcohol and a guest injures themselves at your party.

2) Consider an afternoon party. An afternoon weekend party allows you to enjoy the great weather and also allows you to avoid sending out guests late at night. Accidents are more common late at night, as guests are more tired and are more likely to lose control of the car. Late at night, there are also more trucks on the roads, making Florida truck accidents more likely. Sending guests home early also ensures that guests are not as tired and are not affected by alcohol as well, which can lead to poor decisions. Having an earlier party also makes it easier for guests to take taxis or the bus home.

3) Have a plan for getting home safely yourself. If you are headed to a party yourself, make sure that you have at least a few alternatives for getting home safely. Do not assume that you won’t drink and don’t assume that you can get home safely with a designated driver. You or your designated driver may end up being tempted to drink. Bring enough cash for a cab or a nearby motel or have a few friends you can call for a safe ride home.

4) Talk to your loved ones about Florida drunk driving accidents. Make sure that they know they can call you for a ride home and ask for the same privilege. If you have teens who are just starting to drive, have then sign pledges not to drive drunk or distracted.

Continue reading " Preventing Florida Drunk Driving Accidents and Truck Accidents " »

New research and statistics from the Department for Transport in the UK suggests that red-light cameras have not improved accident rates in that region of the world, but have helped cities secure speeding fines. A camera installed in Oxfordshire saw ten fatalities and five car accidents between 1997 and 2002. Before 1997, when the camera was installed, the same intersection had not seen any fatalities or car accidents for five years. In 2009, that camera caught over 3600 drivers exceeding the speed limit. In 1997, another red-light camera was installed at an intersection in Cambridgeshire after the intersection saw five minor collisions. In 2010, that same intersection saw two serious injuries and five smaller injuries as well as 1027 drivers exceeding the speed limit. Of 89 red-light cameras installed in Humberside, 19 of those cameras saw an increase fatal pedestrian accidents after the cameras were installed.

The statistics – and others like them, published in the US, shed concerns about red-light cameras and their use in the US. Red-light camera companies and advocates of the cameras claim that the cameras can help reduce Florida truck accidents and car accidents by forcing drivers to slow down. The cameras are installed on intersections and can automatically capture anyone exceeding the speed limit. Some cameras also capture other traffic violations, such as running red lights or making illegal turns. When the cameras capture a violation, they can determine the driver responsible from the license plate number. The driver is then sent a ticket, with the time, date, and location of the alleged violation.

Red-light cameras have hit other speed bumps in the US, however. Some states have questioned the very legality of the system because the tickets are sent automatically whereas in many states traffic tickets must be written up by police officers or must be served by process servers. In some cases, drivers have successfully been able to argue their case in court in order to have their tickets dismissed. Others have simply ignored their tickets and have left it up to red-light camera companies to pursue payment.

The real concern, however, is whether red-light cameras can really help prevent Florida car accidents and traffic crashes. Advocates of the cameras claim that the cameras are ever-present and so discourage drivers from violating rules because drivers know that they will get caught automatically. As well, advocates of the cameras claim that red light cameras have been proven to reduce car accidents. Indeed, some US-based studies have suggested that red light cameras can reduce traffic violations at an intersection. As well, red light cameras can theoretically help free up law enforcement professionals and resources for more serious concerns. Opponents suggest that the cameras are a cash-grab for cities who want to increase revenues with traffic tickets.

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According to the Rubber Manufacturers Association, one out of seven motorists check their tire pressure properly and regularly. That's compared to six out of ten drivers who wash their vehicles at least once per month. While it's great to care about the look of a vehicle, tire problems and blowouts – especially on large commercial trucks and big rigs – suggest that drivers and truck drivers need to pay more attention to tires.

According to experts, high heat can also trigger tire failure, making it especially important for truck drivers to check tires regularly. Florida hot weather can contribute to Florida tire blowouts and the truck accidents that blowouts can cause. Trucks travel at high speeds and with heavy loads; truck tires are especially designed to support these loads and the friction produced. However, all truck tires have design specifications, or ideal conditions under which they are designed to be used. Hot Florida days can cause tires to get heated above the safety standards set by tire manufacturers.

When hot weather is combined with excessive loads or under-inflated tires, the hazards can be even greater. Tires under this type of duress can already get dangerously overheated or damaged. When combined with hot asphalt, the result can be a serious Florida car accident or big rig accident.

The National Highway Traffic Safety Administration reports that between 2005 and 2009, 116 000 people across the US were injured in truck accidents caused by tire issues. And, according to experts, there is more reason to be concerned now. With many truck carriers looking to reduce costs, maintenance may get less attention. However, since trucks can be up to 20 times the size of passenger cars, it is more important than ever for truck drivers and companies to check tire pressure and tire condition on tractor-trailers regularly. Some carriers and companies have taken steps to promote tire safety. In the early summer, some truck carriers took part in National Tire Safety Week, taking part in nationwide events to raise awareness about tire safety.

Most experts agree that it is not only truck drivers and carriers who are liable when truck tires fail. The National Highway Transportation Safety Administration has established design standards and testing requirements for manufacturers of truck tires. When truck manufacturers do not meet minimal standards, accidents are an unfortunate result and in these cases manufacturers are often held liable for the accidents defective tires have caused. Some truck manufacturers have developed excellent standards for tire safety, but the number of Florida tire defect cases and recalls shows that there is still room for improvement.

If you have been in a Florida truck accident – whether caused by a tire blowout or not – it is important to consult with a Florida truck accident attorney as quickly as possible. There are statutes of limitations which can limit your timeframe and evidence that needs to be secured. Many qualified attorneys, including the legal team at the Flaxman Law Group, can even visit you in the hospital if you need to arrange a consultation quickly after your accident.

Continue reading " Florida Truck Accidents Caused by Tire Problems Can be More Prevalent in The Summer Months " »

When a truck tire blows out, it can cause a truck accident. However, it is also a cause of many Florida car accidents. If you are a driver on Florida's roads, the pieces of truck tire that you see on the road are a danger to you. In most cases, a truck tire will blow out when a tire goes flat and then becomes considerably damaged. When this occurs, the tire loses all pressure. The truck driver can lose control of the truck and cause a Florida truck accident. Even if the truck is able to pull safely to the side, however, Florida truck accidents can still occur as pieces of truck fly at cars and as car drivers try to swerve out of the way.

There are many reasons for truck tire blowouts:

1) Florida truck tire defects. Tire defects are often in the news and manufacturers sometimes recall tires known to be defective. In many cases, these types of defects can lead to accidents and products liability cases brought against the manufacturers.

2) Incorrect tire maintenance. Whether tires are defective or not, incorrect maintenance can lead to blowouts and accidents. When tires are not properly inflated, they are far more likely to blow up. As well, truck tires should be checked regularly for signs of wear. Any defects or signs of wear mean that a tire should be replaced. As well, it is important to consider the age of tires. Even defect-free tires will disintegrate with time because they are made of rubber. Tires that have been sitting in a warehouse for years may not be as safe, even if they have never been used. Truck drivers and carriers should always check the date of manufacture of tires and reject older tires which may no longer be as safe.

3) Cuts. A large slash on the tire can cause air to leak quickly from the tire, leading to a blown out tire and an accident. Small punctures can also be dangerous, as they may not be noticeable but can cause air loss that causes tire pressure failure. Unfortunately, streets and roadways are often littered with sharp objects which fall of off trucks and cars, and these objects can easily lead to tire problems.

4) Road conditions. Potholes and poor road maintenance can cause added pressure on tires and can cause damage to tires.

5) Load problems. Large commercial trucks often carry large loads, but when drivers and truck companies overload vehicles, the resulting pressure can wear down tires prematurely and can even place enough pressure on tires to cause a blowout. Poorly secured loads can also shift, causing uneven weight distribution that can place pressure on tires and cause an accident.

Continue reading " Truck Tire Blowouts Cause Many Florida Car Accidents " »

Volusia County, like many counties in Florida, uses large Beach Patrol trucks to keep beaches safe. However, this year, one of the trucks was involved in a collision with a sunbather, shining the spotlight on Florida truck accidents on beaches. There have been three Beach Patrol accidents in the county since 2010, all involving collisions between trucks and sunbathers.

Miami Beach also has trucks patrolling its beaches. However, in that county, only higher-ranking patrol officers are permitted to drive the patrol trucks on beaches. As well, there is a limit of four trucks on the beach at one time. As well, some patrol officers use ATVs (all terrain vehicles) for their patrols, instead of the larger trucks. ATVs have the advantage of offering improved visibility, especially since they are lower to the ground than standard beach patrol trucks.

Across Florida, beach driving has been studied extensively after two children were killed in 2010 by private vehicles driving on beaches. While many people enjoy driving their trucks or passenger cars on Florida beaches, the combination of sunbathers and vehicles is a poor one. Sunbathers are often not visible to drivers of cars because they are lying down. And sunbathers are often not on the lookout for drivers on a beach. Children, especially, are vulnerable to accidents because they may not know enough to move out of the way of an oncoming vehicle amid the excitement of a day at the beach.

While beach patrol drivers get training to drive on the beach – something that drivers of private vehicles do not get – the accidents involving beach patrol trucks suggest that new rules may need to be considered. Volusia County authorities are investigating the accidents and will likely examine the drivers and vehicles allowed on beach patrol.

Critics say that the beaches could be made safer if private vehicles and larger beach patrol trucks were removed from beaches entirely. If the larger trucks were used to get cars out of sand only, that might help reduce some of the Florida truck accidents involving these vehicles, some have suggested. The larger beach patrol trucks have poor visibility during right turns and U-turns, whereas smaller vehicles and ATVs would ensure better visibility and potentially smaller risks. One local newspaper has suggested placing two officers in each beach patrol vehicle, so that one officer could look for sunbathers and check blind spots as well.

While it is possible that banning private vehicles from beaches would also help prevent Florida car accidents on the state's beaches, there is a long tradition of beach driving in Florida and many oppose any attempts to ban the practice. Beach driving is also a part of the tourism industry in many cities along the coast, which has helped create a lively debate about the future of beach driving.

Continue reading " Florida Truck Accidents on the State's Beaches " »

Numerous studies have concluded that fatigued driving is extremely dangerous and contributes to many Florida car accidents and traffic accidents each year. Fatigued drivers have slower response times and in some cases fall asleep at the wheel and lose control of their vehicles completely. Commercial truck drivers are especially in danger of fatigued driving, as they often work on tight deadlines, do shift work, drive at odd hours, and work many hours at a difficult job. As a result, federal rules have been in place for many years to ensure that truck drivers get the rest they need. Under hours of service rules, commercial truck drivers must log the number of hours they work and rest. The rules also mandate how often truck drivers must rest and cap the number of continuous miles drivers can drive before having to take a break.

The Commercial Vehicle Safety Alliance holds a Roadcheck program each year, in conjunction with law enforcement, to check for road and safety violations. In 2011, the program had the lowest number of out-of-service rates since 1988. However, in 2011, most of the driver violations that the program uncovered were related to hours of service violations. Critics say that this shows that there may be a problem with fatigued driving in the industry.

Roadcheck 2011 was a three day event which saw Canadian, US, and Mexican law enforcement officials working in tandem with Commercial Vehicle Safety Alliance to check trucks at 2, 550 spot checks across the continent. The event was held between June 7 and 9, and saw a total of 70,712 inspections carried out. The inspections were carried out by inspectors with the Federal Motor Carrier Safety Administration or with the Commercial Vehicle Safety Alliance. Medical exam certificates, driver's licenses, brakes, lights, tires, load security, record-of-duty status, and other major security features and systems were checked with every inspection. According to the Commercial Vehicle Safety Alliance, 95.8 % of drivers tested in the 2011 program were able to pass their inspections. In addition, 80.7% of trucks and buses passed the inspections.

When a driver was found to be in violation of the rules, he or she was pulled out of service by Federal Motor Carrier Safety Administration or Commercial Vehicle Safety Alliance inspectors. In about 52.5% of cases, drivers who were pulled out of service for violations failed to pass inspection because of hours-of-service violations. This is a concern, as these federal hours-of-service regulations are intended to prevent fatigued driving. In addition, inspectors found that only 14% of drivers stopped as part of Roadcheck 2011 were using electronic on-board recorder devices (EOBR). These devices are intended to accurately log hours on the road. However, there is no requirement that makes the devices mandatory.

Some experts say that as a result of Roadcheck 2011 findings, EOBR devices should be made mandatory and hours-of-service rules should be tightened to keep fatigued drivers off the roads. Currently, the Federal Motor Carrier Safety Administration is considering proposed changes that would mandate EOBRs in some types of trucks and would see hours of service rules changed so that drivers would drive shorter hours.

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