Florida Trucking Accident Lawyer Blog

According to Florida authorities, this time of year is one of the deadliest on Florida streets, with accidents both on primary and secondary roads. Unfortunately, this can be one of the riskiest times of the year for a Miami truck collision or car accident. Florida even has one of the unfortunate distinctions of being one of the states with the highest numbers of fatal accidents over the holidays, although the Florida Highway Patrol no longer forecasts fatal accidents for this time of year.

Florida officials will be taking part in a number of initiatives to reduce Miami traffic accidents at this time of year. For example, law enforcement authorities will patrol secondary and primary roads more vigilantly through the New Year, looking for drunk drivers, stranded drivers, and speeding motorists. Florida Highway Patrol is taking part in the Drive Sober or Get Pulled Over program up to January 2 to curb Miami drunk driving accidents and DUIs across the state. Unfortunately, Miami car accidents caused by drunk driving continue to be a serious problem. According to the Florida Highway Patrol, 35% of fatal traffic accidents in Florida between Christmas and New Year’s of 2010 were alcohol-related.

Many police authorities will be monitoring the streets more vigilantly over the holidays, even reducing time at home with their own families in order to keep the streets safer. According to public safety authorities, there are several things that people can do to keep safe in Miami through the New Year holiday:

1) Have a designated driver. A designated driver can ensure that you get home safely and ensures that you will not need to return the next day after a night out in order to get your car.

2) Call a taxi. Many taxi companies are extra-busy at this time of year and are working hard to meet demand. Keep some extra money in your wallet as well as a list of local taxi companies so that you can get home safely.

3) Rely on public transit. Using public transit to get to and from holiday events reduces your risk of Miami car accidents and is healthier for the environment. It is also a less expensive alternative to a taxi.

4) Call friends or family. If you cannot drive because you are tired or have been drinking, call someone for help.

5) Finish texts and emails before starting your car. In addition to cracking down on drunk driving over the holidays, Florida authorities also want to crack down on distracted driving. While there is no texting ban in the state, commercial drivers are not permitted to text and drive. Authorities will enforce that law.

6) Report aggressive or drunk driving by calling *FHP (*347). Reporting dangerous driving ensures that police can respond appropriately – and potentially prevent a Miami traffic accident.

Continue reading " Florida Authorities Work Hard to Prevent Miami Truck Accidents and Car Accidents at This Time of Year " »

Commercial truck drivers are not allowed to text and drive or use cellphones while driving. However, the National Transportation Board is calling for a far more wide-spread ban – one that would ban all drivers in all states from using portable electronic devices in all but emergencies. The ban would include hands-free devices as well. While many people believe that such a ban would help prevent Miami car accident, there are also at least a few reasons why it would help prevent truck accidents as well:

1) Truck drivers are not the only ones who cause Miami truck accidents. In many cases, distracted drivers of passenger cars cause accidents because they are not paying attention to the road. By banning electronic devices for all motorists, there is a chance that there will be fewer distracted drivers overall, potentially decreasing Miami traffic accidents – including truck accidents.

2) Light truck drivers and non-commercial truck drivers are still allowed to text and drive in Florida – even though these drivers can still cause deadly accidents. In 2010, a driver in Missouri sent 11 texts in 11 minutes, causing a highway pileup that injured 38 people and killed two.

3) The problem is not going away. Transportation Secretary Ray LaHood has said that the situation with distracted driving is getting worse, with about 50% of drivers between the ages of 21 and 24 admitting to texting or emailing which driving. According to the National Highway Traffic Safety Administration, one in about 1000 motorists at any given moment in 2010 was using a mobile device to surf the Internet, email, text, or engage in some other distracting activity. This represents a 50% increase in these activities compared to the last year.

4) Banning only some drivers from texting and driving is sending the wrong message. To send the message that texting and distracted driving is deadly, all motorists need to be banned from using mobile devices. Just banning commercial drivers makes it seem as though distracted driving is not allowed for commercial truck drivers, but is fine for everyone else.

5) The evidence of the danger is compelling. There is no longer any doubt that distracted driving kills. Studies by the National Highway Traffic Safety Administration and other experts and organizations attest to the dangers. Just as DUI was once legislated to prevent Miami drunk driving accidents and drunk driving accidents across the US, more needs to be done to prevent distracted driving accidents.

Of course, more needs to be done than just enacting laws. The NTSB has stressed that laws need to be enforced. Missouri already has a law which prevents drivers under the age of 21 from texting and driving, but in the 2010 Missouri accident, the 19-year-old driver continued to send texts and was not apprehended by anyone. Many authorities now automatically ask for texting and cellphone records to be preserved when they investigate an accident, so that they can determine whether distracted driving was a factor in an accident. However, more can be done to prevent distracted driving accidents in the first place.

Continue reading " Would a Universal Ban on Cellphone Use Prevent More Miami Truck Accidents? " »

Numerous studies have shown that distracted driving is a major cause of concern in terms of Miami car accidents and truck accidents. In fact, by federal law, commercial drivers are not allowed to text and drive. During this time of year, however, it seems as though there are many more serious Miami truck accidents featured in the news. More holiday traffic and more pressure are one reason for this alarming trend in Miami truck accidents, but distracted driving is another major culprit. While distracted driving is a problem all year long, it can be an especial problem during the holiday rush, when it seems that far too many of us are trying to do far too much at once.

The pressure to keep retailers stocked with holiday items is considerable, and many truckers face extra pressures in terms of deliveries at this time of year. There are more trucks on the roads, more deliveries to make, and tighter deadline pressures. Truck drivers may feel more pressure to keep driving and more pressure to check in often about deadlines and deliveries. This can tempt drivers to use their mobile devices while on the road – to save time and to keep in touch. In addition, truck drivers have their own holiday plans, just like anyone else, and may be trying to balance a heavier holiday workload along with personal obligations. Again, this can tempt drivers into trying to multitask.

In addition, temporary truck drivers may need to be hired at this time of year in order to meet holiday demand. Many retailers and businesses hire temporary workers – including temporary drivers – at this time of year. While any truck carriers hiring commercial drivers are supposed to ensure that they hire only qualified drivers, any business hiring a driver for a company van may face fewer distractions. A less experienced driver may feel overconfident in their ability to text and drive, and drivers who drive vans for a company may not even realize that they should not use their mobile devices while driving.

There are also more drivers on the roads in general at this time of year, and while commercial truck drivers are prohibited from texting and driver, the drivers of passenger vehicles do not face any similar ban in Florida. Even if truck drivers do everything right at this time of year – even with the added pressures they face – passenger car drivers may be driving distracted and may cause serious collisions with trucks.

All drivers need to be more alert at this time of year. That means putting away all distractions, including mobile devices, and driving safely. The Flaxman Law Group wants to ensure that all our readers have a safe and happy holiday, and we hope that none of our readers are affected by a Miami traffic accident.

Continue reading " Why Distracted Driving Can Lead to More Miami Truck Accidents at This Time of Year " »

There are many more Miami trucks out during the holidays than during most times of the year, as demand for deliveries and merchandise increases at this time of year. Unfortunately, it can mean that there are more Miami car accidents involving trucks at this time of year. If you wish to prevent Miami truck accidents and traffic accidents, there are a few things you can do:

1) Avoid distracted driving. Driving distracted is dangerous at any time of the year, but it can be especially dangerous during the holiday season, when there is more traffic on the roads and a greater risk of Miami traffic accidents. At this time of year, it is even more important to put your mobile devices away and give 100% of your attention to the roads and to driving.

2) Give yourself plenty of time. With the holiday rush upon us, it is common to feel somewhat harried and pressured to get plenty of errands done. However, rushing can make it more likely that you will make driving mistakes that could lead to a Miami traffic accident or truck accident. Rushing can also make it more likely that you will drive aggressively or tailgate in order to get to your destination on time. A better solution is to reduce the number of commitments where you can during this time of year and give yourself extra time to savor the holidays.

3) Give trucks extra room. There are more trucks on the road at this time of year and with more trucks and more rushing on the roadways, you will want to give commercial trucks plenty of room. Remember: if you cannot see the truck driver in the driver’s mirrors, you are too close and the truck driver cannot see you. As well, be sure to leave extra room in cases where a delivery truck may be stopping and starting often in order to drop off deliveries.

4) Use extra caution in parking lots. Parking lots are dangerous because pedestrians, trucks, and passenger vehicles are all sharing the same space. You need to be especially vigilant about trucks and pedestrians in parking lots. While parking lot accidents are usually low-speed accidents, they can be quite serious.

5) Get plenty of rest and only head out to run errands when you are well enough to do so. The holiday season coincides with the flu season, so it is not unusual to be lacking in sleep and feeling under the weather just when you are feeling pressure to run many holiday-related errands. Feeling groggy and ill, however, can increase your chances of getting into an accident. Put off errands until you feel better and more rested. If you take over the counter medication or any medication to deal with seasonal illness, make certain that the medicine will not make you drowsy or sleepy.

Continue reading " Preventing a Miami Truck Accident During the Holidays " »

If you have been holiday shopping this year, you have likely noticed that parking lots are extremely busy at this time of year. Unfortunately, parking lots can also be the site of many holiday Miami traffic accidents. Parking lots require pedestrians, trucks, and cars to share the same space and as more trucks, pedestrians and cars converge on parking lots at this time of year, accidents are more likely. You can reduce your risk of Miami pedestrian accidents, truck accidents, and traffic accidents in parking lots this year by following these safety tips:

1) Be aware where trucks park in your mall parking lot. They may park in a separate area behind stores in order to make deliveries. If this is the case, try to park away from the route that trucks would need to take to get to their delivery area. This will keep you safer as you drive to and from your space and walk to and from your car.

2) Give yourself plenty of time to do your shopping and errands. The less time you have, the more frantic you will be and the more rushed, which makes you more likely to make mistakes that could lead to a Miami car accident.

3) Don’t cut corners when driving through a parking lot. Treat parking lots just like roadways, with lanes of traffic. Do not drive across parking spaces, even if they are empty, to get to a far corner of the lot more quickly. You are sharing the parking lot with other vehicles as well as with children and pedestrians. Stick to those lanes where pedestrians and cars expect vehicles to be.

4) Don’t drive distracted. Although you are driving slowly through a parking lot, you need to be even more alert since other vehicles may pull out in front of you or pedestrians may emerge from in between parked cars. When driving through a shopping mall parking lot. Do not check your messages, text, make phone calls, or change your music. Keep your full attention on the road.

5) Be especially careful at entrances and exits. These are the areas where bottlenecks and accidents are more likely to occur, especially as shoppers and delivery trucks are anxious to get in and out of the parking area. Proceed slowly, make eye contact with other drivers, and yield right of way. When a truck is trying to enter to leave the parking lot, provide plenty of room and make sure that you are not following behind the truck too closely – if you cannot see the truck driver in the mirrors, he or she cannot see you.

6) Stay calm. Holiday stress can easily translate to road rage in a shopping parking lot, especially if someone cuts you off or takes a parking space you were trying to drive into. Do your best to stay calm and avoid engaging with stressed out drivers who may be suffering from road rage.

7) Be cautious when walking to and from your car. Make sure that drivers can see you, stick to pedestrian areas, and avoid emerging from in between parked cars. This is especially important if you are shopping at night or in darker conditions, where visibility is poor. In busy parking lots, Miami pedestrian accidents are a real concern.

Continue reading " Avoid a Parking Lot Miami Truck Accident This Holiday Season " »

At any time of the year, Miami truck accidents can be devastating. Many Miami brain injury victims, spinal cord injury victims, and other seriously injured victims receive their injuries from Miami traffic accidents. Due to the size and force of commercial trucks, accidents involving these types of vehicles can be especially deadly. A large commercial truck can completely flatten and destroy a passenger vehicle, causing extensive and even fatal injuries to any passengers stuck inside the car. Unfortunately, some experts believe that truck accidents are more common at this time of year for a number of reasons:

1) More trucks are on the road. Holidays are a busy time of year for retailers, and many retailers get more deliveries at this time of year. There are also more deliveries being made to residences at this time of year as companies offer delivery services and as presents are delivered by mail to customers. With more trucks on the road, there is also a correspondingly bigger risk of Miami truck accidents.

2) More temporary drivers are driving trucks. To cope with increased demand, some companies and carriers hire seasonal workers to meet deadlines. Some of these drivers may have less experience with specific routes than drivers who have been doing the same job for months or years.

3) More traffic is present on streets overall. During the holiday season, many more people are out and about to run holiday errands, finish their shopping, and take part in holiday events. In addition to more cars on the road, there are also more trucks on the road as businesses try to capture the profits possible during this time of year.

4) Busy parking lots are a fact of life during the holidays. Parking lots are a major hazard during the holidays, as trucks are trying to make deliveries and as more shopper pour into the malls to take advantage of holiday deals. This can lead to frayed emotions and even road rage, increasing the risk of a parking lot Miami traffic accident.

5) More rushing. As people feel the stress and pressure of the holiday season, they often feel they have to rush into order to accomplish all their tasks. Unfortunately, this can lead to distracted driving as individuals try to multitask. It can also lead to fatigued driving if drivers cannot sleep well due to holiday stress. The holiday rush can also lead to road rage and speeding, which can also contribute to holiday Miami car accidents.

6) More drinking. Unfortunately, some people still choose to get behind the wheel after attending a party where there has been drinking. Each holiday season, police work to crack down on Miami drunk driving accidents, but these accidents still do occur as some people make poor choices.

Continue reading " Why Miami Truck Accidents Are an Especial Concern During the Holidays " »

In Florida, all drivers are aware that they need to stop at the scene of an accident in order to render assistance and in order to exchange insurance information and contact information with any other drivers involved in the accident. Hit and run Miami car accidents are a serious offence, and any driver found guilty of this criminal offence can face serious penalties. Despite the penalties, however, hit and run Florida traffic accidents continue to be a serious problem. In fact, according to the Florida Department of Highway Safety and Motor Vehicles, Miami-Dade County and Broward County had the most hit-and-runs of any Florida county in 2008.

There are many reasons why people leave the scene of an accident. In some cases, drivers panic or are fearful of being accused of causing the accident. In other cases, drivers are already doing something illegal – such as driving without a license or insurance or driving under the influence – and do not want to be caught. It can be especially difficult when the person who leaves the scene of an accident is a commercial truck driver. There are many reasons why hit and run Miami truck accidents are especially challenging:

1) Trucks may sustain fewer damages in an accident. A collision between a car and a truck usually results in severe damages for the car, but the truck driver and the truck are less likely to be severely affected. This can make it easier for a truck to drive away and to not even show much damage on the truck itself.

2) Truck drivers may not be from the area, the state, or even the country, making them harder to find. Finding a truck driver who has fled the scene of an accident can be very challenging because truck drivers drive very long distances every day and may be from a different region, making them difficult to find, especially if the victim does not notice the license plate number or other details of the truck.

3) Truck drivers may share a truck with other drivers or may rent a truck from another company. One thing that can make it even more challenging to find the specific driver involved is that some carriers rent trucks or share trucks among drivers. Even if the truck itself is located, it can require even more investigative work to find the actual driver involved.

4) A truck driver involved in a hit and run Miami truck accident may be driving a load owned by one company in a truck owned by another company and may be hired by a third party. For all these reasons, it can be very difficult to determine liability in a hit and run accident. Usually, it takes a qualified Miami truck accident attorney to evaluate liability in these cases.

Most commercial truck drivers remain on the scene of an accident and try to help. However, in a hit and run accident involving a truck, victims can be left without recourse and assistance. In these cases, it can be important to consult with a qualified Miami personal injury attorney in order to locate the driver and determine liability in the accident.

Continue reading " Miami Hit and Run Truck Accidents " »

According to the NHTSA (National Highway Traffic Safety Administration), distracted driving resulted in more than 450 000 injuries and 5500 fatalities. The NHTSA has worked to reduce distracted driving on the nation’s streets and even helped to institute a ban on texting and driving for commercial truck drivers. However, distracted driving still continues to cause Miami car crashes and truck accidents.

There are many things that you can do to help reduce instances of distracted driving on the roads:

1) Raise awareness. Many people are not aware that simple tasks, such as eating or drinking or checking messages can be a hazardous distraction behind the wheel. Many drivers also think that driving with a hands-free device is safer, even though studies have shown that headsets are not significantly safer than hand-held devices. The NHTSA website devoted to distracted driving education (http://distraction.gov/content/get-involved/index.html) has a number of resources that can help you educate others about the dangers of distracted driving.

2) Don’t drive distracted yourself. Every time you take your eyes off the road or allow your mind to wander from the task of driving, your accident risk is 23 times higher than it would be if you were driving distraction-free. Even if the commercial truck drivers around you are following guidelines and driving distraction-free, you can still cause a serious Miami truck accident by driving distracted yourself. The NHTSA website has a pledge that you can sign with friends and family to vow not to drive distracted.

3) Get involved in changing laws. Although there are laws preventing commercial drivers across the US from texting and driving, not all states have similarly strict laws against distracted driving for drivers of passenger vehicles. Currently, 35 states ban texting and driving while nine states ban drivers from using handheld cell phones for talking, texting, or any other purposes. Currently, Florida is one of the states with no laws against texting and driving, despite efforts by advocacy groups who claim that distracted driving leads to many Miami traffic accidents and Florida accidents each year. Preemption laws in Florida make it difficult for localities to pass and enforce laws against distracted driving. However, you can write to your local representatives if you feel strongly about the issue, in order to encourage your representatives to seek solutions.

4) Encourage strict penalties for commercial drivers who do violate the no texting and driving rule. Unfortunately, while most commercial truck drivers do take the texting ban seriously, some Miami truck accidents each year are caused by drivers who violate the rule. If you feel strongly about this, you can write to your elected representatives to encourage harsher penalties for drivers who violate distracted driving laws.

Continue reading " Distracted Driving and Miami Truck Accidents: What You Can Do " »

Fatigued driving is a major concern for those who wish to decrease the number of Miami car accidents and truck accidents. There is well-established research that driving sleepy can be just as dangerous as driving drunk, as it affects reaction times, mobility, and other risk factors just as much. There are already many regulations intended to limit the hours that commercial truck drivers can spend on the road and the number of hours they must rest before they can resume driving.

However, there has been a growing movement to reduce hours of service for truck drivers even further. Advocates of the changes say that reducing the current “hours of service” limit from eleven hours a day to ten hours a day can further curb fatigued driving and the number of truck accidents caused by the problem. Others, however, claim that reducing hours can actually contribute to truck accidents.

A congressional panel was recently held in order to explore the issue. W.S. Badcock Corp., a furniture retailer, testified on behalf of the National Retail Federation (NRF), stating that reducing hours of service more would place more trucks on the road, effectively increasing the risk of Miami truck accidents and traffic accidents across the country. The furniture store also noted that the new rules would increase costs for the retail industry and hurt the US economy as a whole.

Retailers are also concerned about another proposed change – one that would require two nighttime rest periods for truck drivers taking the required 36-hour break after each week of driving. Retailers are concerned that in urban cities such as Miami, traffic accidents might actually become more common with this proposed change, since currently many truck drivers drive in city areas at night to avoid daytime traffic. Effectively reducing the possibility of nighttime deliveries, retailers state, could mean that trucks will be forced to share the road with Miami daytime traffic, leading to more congestion and more accidents.

The current 11-hour hours of service daily limit was introduced in 2004 and according to federal agencies the number of fatal commercial truck accidents declined 31% between 2007 and 2009, likely due at least in large part to the change. Since the initial restriction on driving hours had such a positive impact on truck crashes, some advocates of the new driving changes suggest that reducing hours of service may further reduce the number of truck traffic fatalities. However, others argue that any changes would upset the current systems in place and could result in more accidents. It is unknown at this time whether the new rules will be adopted or not.

Continue reading " Would Shorter Hours for Truck Drivers Decrease or Increase Miami Truck Accidents? " »