Florida Trucking Accident Lawyer Blog

Thanks to the efforts of advocacy groups, many Americans are now aware of the dangers of distracted driving. To help prevent Miami truck accidents, there are federal laws in place which prevent commercial drivers from texting and driving. However, Florida currently has no laws preventing other drivers from texting and driving. Distracted driving continues to be a major cause of Miami car collisions. According to the NHTSA, 16% of fatal car accidents across the country in 2009 involved distracted driving.

One problem with banning distracted driving and thus preventing more Miami traffic accidents is that distracted driving is hard to legislate. While the focus in recent years has been on distractions caused by texting, there are a number of things that truck drivers can do while driving that can be just as dangerous:

1) Using any mobile device. Using any mobile device can be a distraction, and the VTTI has found that using headsets or other hands-free devices is not significantly safer than using hand-held devices. In addition, police across the US have admitted that it is very difficult to catch drivers who text or talk while driving. Texting can be especially easy to hide, since drivers can keep their mobile device in their lap, where it will not be noticed by any drivers or police passing by. Even since the texting ban, a number of truck accidents have occurred because a driver was texting while driving.

2) Eating and drinking. Truck drivers routinely eat on the road, especially when they are trying to make a deadline. However, experts agree that eating and drinking are among the most dangerous things that drivers can do. Each year, many Miami car accidents and other traffic accidents occur when drivers are distracted by spilled food and drink in the car. As well, opening food packaging can take the driver’s eyes off the road and hands off the wheel for seconds at a time – more than enough time to cause a Miami pedestrian accident.

3) Grooming. Checking hair or other grooming tasks dangerously remove the driver’s eyes off the road. Again, however, this behavior is very difficult to legislate, especially as legislating something like this could be seen to infringe on personal rights.

4) Reading maps and using navigation systems. In many cases, truck drivers need to make deliveries in areas that are unfamiliar to them. As a result, many drivers rely on navigation systems or, less often, on maps, to get them to their destinations. Unfortunately, these tasks take the driver’s eyes off the road.

5) Entertainment. Perhaps one of the most distracting things that drivers do is also the most difficult to legislate. Truck drivers spend many weary hours on the road and most rely on some form of entertainment – such as audio books, radio stations, or music – to make the time go by. Unfortunately, focusing on this entertainment can distract the driver. As well, changing stations, adjusting music, or otherwise changing the entertainment can cause an accident.

Continue reading " Distracted Driving, Miami Truck Accidents, and Legislation " »

The Teamsters union has been involved in a legal battle to stop a U.S. Department of Transportation pilot program which would see trucks and truck drivers from Mexico on US roads. The Teamsters allege that the trucks are unsafe and would pose a threat on the roads. They also allege that the pilot program is illegal. The lawsuit has created quite a bit of media coverage and has many in Florida asking whether Mexican trucks would increase the risk of Miami truck accidents as well as traffic accidents across the state.

One reason that the pilot program is so controversial is because Mexican drivers, under the program, would not be mandated to meet the same physical requirements as US drivers and would not need to show proof that they adhere to safety standards. They would also not need to meet the standards established by the National Environment Policy Act. Many are concerned about this, since US drivers and trucks must meet a long list of requirements in order to drive on the roads. The Teamsters, as well as some truck drivers and carriers, are concerned that Mexican truck carriers do not need to meet these same strict guidelines when driving on US and Florida streets.

Also at issue is the safety standards of trucks allowed to drive in US roads. Some of the truck carriers from Mexico approved by the pilot program, for example, have had safety issues. The pilot program at first approved Grupo Behr, a truck carrier from Tijuana. However, the pilot program eventually withdrew that approval after it was found that the carrier had one semi-tractor trailer that was 20 years old and had safety problems. The pilot program eventually approved Transportes Olympic, another truck carrier. However, the Teamsters and other groups have expressed concerns about the safety problems possible with this carrier, as well.

According to the Federal Motor Carrier Safety Administration (FMCSA), US taxes will pay for electronic On-Board Recorders with GPS for all Mexican trucks. While this may make it easier to keep track of any trucks from Mexico involved in accidents on the US border, some groups are upset, since US truck carriers must pay for these devices out of pocket. US taxes will also pay for muffler replacements on some older Mexican trucks, to ensure the safety of US air quality.

Despite the concerns, the first trucks from Mexico were allowed to enter the US on October 2011. Canadian trucks have been allowed on US roads for some time. So far, it is not known how any Miami car accidents involving Mexican trucks might be handled. Such cases may necessarily be more complicated, since victims would need to pursue carriers and drivers across the border. Since Miami is a major port and business center in the US, it does see quite a bit of truck traffic. So far, it is not known how the approval of Mexican trucks in the US would impact Miami traffic accident rates, if at all.

Continue reading " Are Mexican Trucks a Miami Truck Accident Risk? " »

When many people think of the causes of Miami truck accidents, speed, distracted driving, fatigued driving, and substance abuse may be the top causes that come to mind. However, according to a recent article in The New York Times, obesity and health issues may be a risk factor that we all need to take seriously to reduce the number of truck accidents on US roads.

According to a 2007 article in The Journal of the American Dietetic Association, there were 3.2 million truck drivers in the US that year, and roughly 86% of those drivers were either overweight or obese. When the Healthy Trucking Association of America held a blood pressure screening a few years ago, 21 of 2000 drivers tested were sent directly to the emergency room from the screening with chronically high blood pressure levels. Many more showed high blood pressure levels, and one driver had a heart attack after being screened.

According to industry experts and insurance carriers, there are many reasons why truck drivers may be especially susceptible to obesity and the health risks that come with it. For example, Miami truck drivers drive very long hours, and get very little exercise while actually driving. After long shifts, few truck drivers have the energy or motivation to work out, and finding places to work out while on the road can be challenging. In addition, drivers often eat on the road, and truck stops as well as other dining experiences on the road do not always offer the same healthy options available to those who have the benefit of eating at home most of the time.

Despite these challenges, insurance companies, trucking companies, and drivers want to see changes. According to the Bureau of Labor Statistics, truck drivers are among the most at-risk workers for on-the-job injuries and there is mounting evidence that some of those injuries may be due to the health conditions of truck drivers. According to the Federal Motor Carrier Safety Administration, approximately 87% of truck accidents in 2007 stemmed at least in part in from driver error and in 12% of cases these errors were related to health, as they were caused by heart attacks, diabetic shock, and other health problems.

There is no doubt that obesity and excess weight can pose a danger on our roads. Obesity can cause diabetes, heart attacks, sleep apnea, and a host of other medical conditions which can be extremely dangerous on the road. When a truck driver has a heart attack or other medical emergency on the road, a Miami car accident or truck accident is virtually inevitable. When truck drivers are so unfit and in such poor condition that they are ill, they may be making mistakes that lead to Miami traffic accidents.

By law, the United States Department of Transportation mandates that all commercial truck drivers need to take a bi-yearly medical exam. This exam tests for high blood pressure, respiratory problems, cardiac conditions, sleep disorders, and other medical problems which can affect a driver’s ability to drive safely. However, the tests do not address the real issue of driver health. The tests may determine when a driver is no longer safe on the road, but do not address the conditions that lead to truck driver obesity in the first place.

Some truck drivers, insurance companies, and truck carriers are fighting back. There is a growing movement of drivers looking to make health changes and companies assisting, by providing health seminars, access to nutritionists, and other resources. However, the biggest changes will likely occur when there is a financial incentive to get fit. When truck drivers can enjoy additional benefits or bonuses for staying healthy or are given more tools to stay fit, more changes can be expected.

Continue reading " Is the Obesity Epidemic Contributing to Miami Truck Accidents? " »

Today, millions of Americans use social networking sites such as Twitter, Facebook, and other sites. Usually, these sites are a harmless way to stay in touch with friends and a fun way to share photos and ideas. However, if you have been in a Miami truck accident and have sustained injuries, your social networking activities can be harmful in a number of ways:

1) You never know who is reading. Insurance carriers and attorneys frequently use private investigators to look into the legitimacy of insurance claims. Private detectives increasingly use social networking sites to check up claimants. If you claim to be very injured but your blog or Twitter account shows you traveling, this could harm your claim. In some cases, private investigators will even befriend you on social networking sites to get more information. It is important to keep in mind that anything you post on a social media site is very public.

2) Innocuous comments and pictures may be skewed. You don’t have to write or post anything very suspicious on your social networking site for the site to impact your claim. In many cases, quite innocent photos and comments may be skewed to make your claim seem suspect. For example, if a friend shows up at your home after you are injured by a Miami car accident to cheer you up, those photos on a social networking site can make it appear as though you are throwing a party while claiming to be injured.

3) Social networking sites go back a long time. Many Internet users do not realize that virtually anything posted online is archived – for a long time. Posts that you made years ago about other injuries or other claims may be a boon to an insurance company now. This is another reason to be very honest with your insurance

4) You cannot control what others post on your site. While you may be cautious about what you post on your social networking sites, your friends and family may be posting comments and photos which could harm your case or which can be skewed to harm your case.

If you have sustained injuries in a Miami traffic accident, it is important to be aware of your online profile and your online participation in social media sites, even if you use a pseudonym or anonymous user name online. If you have a social networking presence, you may want to discuss this with your Miami truck accident attorney. Your attorney may ask you to refrain from posting anything on your social media sites while your case is pending or may give you some advice about what you should and should not be posting. Make sure that you follow these guidelines to the letter.

Whether you are online or not, if you have sustained injuries in a Miami truck accident, you will need a qualified Miami personal injury attorney with experience in these types of cases. A qualified attorney can negotiate with insurance carriers in your behalf, can investigate the causes of the accident and can pursue all liable parties so that you get the fairest compensation possible for lost income, medical bills, and other costs related to your injury.

Continue reading " Can Your Twitter and Facebook Page Harm Your Miami Truck Accident Case? " »

The National Sleep Foundation, the NHTSA, police authorities, the AAA Foundation for Traffic Safety, and most other experts agree that driving drowsy is as dangerous as driving drunk. Many Miami car accidents and truck accidents take place because tired drivers get behind the wheel. Commercial truck drivers are especially at risk of accidents cause by tired driving. Since commercial truck drivers work odd hours, must drive long distances, and must meet strict deadlines, they are more likely than many other drivers to drive tired. There are many reasons why driving tired can lead to more Miami car and truck accidents:

1) Drowsiness causes awareness to decrease. A commercial truck driver who is very tired needs to focus on trying to stay awake, and tiredness can mean that the driver notices less of what is going on around them. This lack of awareness can easily lead to a Miami pedestrian accident or other accident.

2) Drowsiness slows reaction times. Studies have shown that reaction times are impaired similarly by fatigue as by drinking alcohol. Slower reaction times can mean that drivers do not have adequate time to take collision evasion action or drive defensively to prevent an accident. In a commercial truck, this can be especially deadly since trucks respond more slowly than passenger vehicles.

3) Drowsiness impairs judgment. Research suggests that judgment is as impaired by fatigue as it is by alcohol. Tired drivers may misjudge distances or make poor choices about speed and traffic signs, which can lead to accidents.

4) Tiredness may lead to vision impairment. In cases where someone does not get adequate sleep over a longer period of time, vision problems may occur. Eyes can get fatigued and dry, leading to blurry vision. In cases of pronounced sleep deprivation, a person may see flashes of light or experience other vision problems.

5) Fatigue can lead to delays in processing information. When the mind does not get adequate rest, it does not process data as quickly. This can make drivers slow to respond to traffic signs and other important traffic information.

6) Drowsiness can lead to “micro sleeps.” One of the most dangerous things about fatigue is that eventually the body needs to get sleep so badly that it effectively shuts down. Usually, this occurs with tiny micro sleeps of only a few seconds. In many cases, people are not even aware that they have fallen asleep for a few seconds. A truck driver, however, can travel the length of a few football fields in a micro sleep. This is truly frightening, and of course can easily lead to Miami traffic accidents. Eventually, the body needs sleep so badly that it shuts down completely, leading the driver to fall asleep at the wheel and lose complete control of the vehicle. In this situation, multi vehicle accidents or rollovers can easily occur.

7) Fatigue leads to mood swings and emotional upset. If you have ever woken up upset and grumpy because you did not get enough sleep, you already know that lack of sleep can lead to emotional upset. Someone who does not get adequate sleep may be angry, upset, and more likely to experience road rage.

Continue reading " Why Fatigued Driving Leads to Miami Truck Accidents " »

Hollywood rollover accidents are among the most Hollywood truck accidents. During rollover accidents, passengers are more likely to be ejected from the vehicle, flammable liquids are more likely to explode, and items in the truck cab are more likely to become projectiles, severely injuring those inside. According to the National Highway Traffic Safety Administration (NHTSA), there are many causes of rollover truck accidents:

1) Types of vehicles. Large commercial trucks are more likely to be involved in rollover accidents than passenger vehicles due to the excess pressure on the tires of the truck as well as due to the higher center of gravity of these vehicles. In addition, tankers are more likely to be involved in rollovers than many other types of trucks, simply because the load in these vehicles is more unstable and more likely to move, causing the center of gravity in the truck to shift.

2) Speed. Studies have suggested that up to 40% of fatal rollovers occurred while the vehicle was speeding. In addition, about 75% of such accidents took place in higher-speed areas of at least 55 mph. High speeds, especially with a heavily loaded commercial truck, make it harder for drivers to control their vehicle and make it easier for trucks to roll over or go into a slide that can lead to a rollover.

3) Almost one in two fatal rollover accidents involve alcohol, according to some studies. Even in cases where a driver is not above the blood alcohol limit, impairment can still be an issue. A truck driver who has had some alcohol but is still below the legal alcohol limit may still face impaired judgment, sleepiness, and other symptoms that can lead to a serious Hollywood traffic accident.

4) Location. According to studies, almost 75% of fatal rollover accidents occur on higher-speed rural roads. Part of the reason may be because such roads often have no barriers and are not divided. Unfortunately, commercial drivers in Hollywood often drive on rural roads outside the city, increasing their risk of an accident.

5) Driver error. According to the NHTSA, the vast majority of fatal rollover accidents are single-vehicle accidents that occur during routine events (such as turning). As a result, many experts believe that most of these accidents are caused by driver mistakes and behaviors, such as distracted driving.

6) Tire issues and load issues. Commercial trucks that are heavily loaded may weigh 80,000 pounds or more. This places enormous pressure on the tires, and can easily lead to tire blowouts as well as other tire malfunctions. When tires do not function correctly, the commercial truck driver cannot properly control the vehicle and is more likely to be involved in a serious traffic accident. In addition, when loads are not correctly secured or exceed the weight limit of the truck, the truck can more easily roll over, especially if the load is not distributed evenly, shifting the balance of the vehicle.

Continue reading " A Look at the Causes of Hollywood Truck Accidents " »

Miami tire failures and tire problems leads to many Miami truck accidents, as well as accidents involving light trucks, SUVs, and cars. Keeping your tires in great condition can be an easy way to help prevent truck accidents on Miami roads. Correctly maintained tires help you control your car or truck more efficiently, making it less likely that you will be in an accident. Correctly maintained tires are also less likely to have you slipping or rolling over. There are many ways that you can help ensure that tire pressure and tire treads are correct for your driving conditions:

1) Walk around the truck before you hop in. A visual inspection is one of the fastest and most convenient ways to ensure that you don't have a flat tire or an underinflated tire. Simply walking around your truck before hopping in each time can help you to notice and correct any problems before they have a chance to cause a Miami traffic accident.

2) Keep a tire pressure gauge in the truck and check tire pressure often. Accurate tire pressure gauges are inexpensive and highly portable. They can fit in your glove compartment or even on your key ring. There's no excuse for not having a tire pressure gauge. It is important to use your tire pressure gauge frequently, at least once a week. Unfortunately, visual inspections alone are often not enough to tell you whether a tire is underinflated or overinflated. Underinflated tires can make it harder for you to control your truck and can make it easier for your truck to go into a slide and then roll over. Overinflated tires, on the other hand, are more likely to fail or burst. A tire pressure gauge is an inexpensive and not very time-consuming way to ensure that your tires are properly inflated and less likely to cause an accident.

3) Check the age of your tires. Tires that are several years old are more likely to suffer tire failure. The rubber material tires are made from simply disintegrates with time. Therefore, even if your truck has newer tires, you face the risk of tire failure if those tires have been sitting in a warehouse for a number of years. The serial numbers on your tires and a quick call to the tire manufacturer can easily tell you when the tires were manufactured.

4) At least once a month, review the overall condition of your tires. Once a week is even better. Look for signs of wear and any uneven wear. You may need to replace your tires more often than you realize if they are no longer safe for the road.

5) Check tire pressure limits and load limits for your truck. Be scrupulous about following these limits. Exceeding the load limits for your truck can increase the chances of Miami truck tire failure. Not following tire pressure limits also places excess pressure on your tires and can make it more likely that you will be in a serious accident.

Continue reading " Checking Tire Pressure Can Help Save Lives and Stop Miami Truck Accidents " »

Miami firefighters and fire departments rely on tanker trucks to save lives and put out fires. While tankers do help Florida fire departments fight blazes, these trucks are also a hazard on the roads and are involved in a disproportionate number of accidents, when one considers how few tankers there are. According to experts, there are a few basic things that make these tankers so likely to contribute to Florida truck accidents:

1) Conversion problems. Many Florida fire departments purchase tankers used. In many cases, departments convert trucks which were originally meant to carry other materials, such as gas. When the tankers are converted for the use of fire departments, however, it can be difficult to determine how much the tankers can carry. The tankers may indicate how much gas they can carry, for example, but water weighs more. With no clear guidelines, it is easy to make a mistake and overload the tankers, which can lead to Miami rollover accidents and other traffic accidents. Converting a tanker can also lead to problems with chassis weight ratings. In addition, some fire departments add a tanker to a flatbed or add a hosebed on a used truck, altering the center of gravity and making the truck more prone to rollovers.

2) Driver issues. Tankers require extensive training, yet in many fire departments are considered merely support vehicles. As a result, in many cases the tanker is the most dangerous vehicle at the average fire department but is often driven by the least experienced driver. Tankers have loads that shift and tend to have higher centers of gravity. These unique conditions mean that any driver who drives a tanker should be given on the road and classroom training before being allowed to drive a tanker.

3) High speed. Fire departments need to limit the speed of tankers, because these vehicles are prone to rollovers. Trying to drive too fast in a tanker truck is likely to result in a Miami truck accident as the tanker driver is likely to lose control of the vehicle at higher speeds. The Insurance Services Office places tanker speed limits at 35 mph.

4) Seatbelt issues. Even if the tanker driver does everything right, other motorists can drive recklessly and cause a Miami car accident. It is important to ensure that everyone on a tanker wears the appropriate safety belts. If a fire department buys a tanker second-hand, the tanker should be equipped with seat belts, preferably, a modern three-point safety restraint.

5) Lack of guides. Side dump valves can ensure that tankers need to back up less often. However, since tankers have so many blind spots, it is imperative to have someone on the ground guiding the tank driver during any attempt at backing up. Failure to do so can easily result in a Miami pedestrian accident.

6) Not following rules. Under NFPA 1901, tankers are subject to many rules concerns the cab, chassis, and all elements of the tanker. It is important for fire departments to study and follow these rules to prevent needless tragedy. Under NFPA 1911, tankers are subject to regular testing. In addition to required testing, fire departments should create and stick to a regular maintenance schedule to keep all tankers safe.

Continue reading " Miami Tanker Trucks Save Lives, But Can Cause Accidents " »

In 2006 and 2007, Miami was named by AutoVantage as the city suffering from the worst road rage in the country. Road rage can lead to aggressive driving and can contribute to Miami car accidents and truck accidents as well. Anyone who has seen an incident of road rage on the road knows that this type of rage is more than just someone's bad day. A trucker driving an 80,000 pound fully loaded commercial vehicle can cause a serious accident if they are making reckless decisions or poor choices due to road rage. Road rage leads to aggressive driving and contributes to Miami pedestrian accidents and car accidents.

According to experts, impatient drivers often become enraged drivers. Emotional driving can also lead to road rage, especially if a motorist is driving while stressed, angry, or upset. Lack of patience is one of the leading reasons for road rage, as impatient drivers often lose their temper due to simple traffic delays, congestion, and other unavoidable problems. Unfortunately, truck drivers need to work hard to stay patient. Many of them have tight deadlines to make and often feel frustrated if they are stuck in traffic or otherwise unable to do their jobs. Experts also suggest that driving while emotionally upset can lead to road rage. Having a bad day and then getting into the car can mean that simple traffic problems escalate into a serious situation. Most experts suggest driving only when you are calm, well rested, and prepared for the road.

Road rage can manifest itself in all kinds of ways. It can include gesturing, yelling, or swearing at another driver. It can include tailgating and other reckless driving behaviors. Gesturing, swearing, and yelling can distract other drivers and lead to a Miami bicycle accident or other traffic accidents. Reckless driving can be especially dangerous, particularly when it involves large trucks. Tailgating, cutting off trucks, and otherwise driving erratically can easily lead to a serious accident.

Road rage can be an especial problem when cars and trucks share the roadways. A passenger vehicle has little or no chance against a fully loaded commercial vehicle which weighs many times what the car weighs. Any accident between a passenger vehicle and a truck is likely to result in fatalities or permanent injury. Since preventing road rage can help prevent accidents, AutoVantage has several suggestions for preventing road rage:

1) Slow down. Driving more slowly and avoiding speeding helps ensure calm driving. Speeding tends to annoy other drivers and can lead to nasty confrontations. Slowing down overall can also help reduce the stress that often leads to road rage. That is, giving yourself plenty of time to get to your destination ensures that you are not rushing and upset if there are any delays.

2) Stay alert and careful. Although Florida has no texting bans for drivers, staying alert and driving cautiously are your best defenses against road rage. Staying alert ensures that you are not cutting off other drivers and causing dangerous situations or upset on the road. Staying alert also reduces your risk of causing a Miami traffic accident.

3) Stay courteous and think of other drivers. When sharing the road with others, consider how other drivers feel. Give them plenty of room, don't cut people off, and signal as a courtesy so that other drivers know what to expect from you.

4) Take a deep breath and gauge your emotions. Avoid driving when you are upset, and try to calm yourself before getting behind the wheel. Driving upset ensures that any small problem on the road leads to even greater upset and potentially road rage.

Continue reading " Miami Road Rage Can Lead to Truck Accidents " »