Florida
Trucking Accident Lawyer Blog

The a 2010 report, the National Census of Fatal Occupational Injuries in 2010, has revealed that the most dangerous jobs in the U.S. in 2010 included truck driving, fishing, logging, mining and aircraft-related occupations. Many of these occupations are considered dangerous due to the heavy machinery or trucks used. For example, truck drivers drive commercial trucks which sometimes weigh up to 80,000 pounds, so that any accident involving these trucks leads to serious injuries and fatalities. The interesting thing about the other statistics, as well, is that many of the other occupations listed as dangerous also include trucks or heavy vehicles. For example, logging often requires large commercial vehicles in order to move timber. Even in jobs where trucks are not regularly used, such as animal handlers, many of the 2010 fatalities stemmed from transportation accidents. There's no doubt about it: transportation is a major risk in the workplace.

Transportation accidents are in fact a factor in many other dangerous jobs. For example, trash and recycling pick-up workers experience a high rate of injury and fatalities. While this can seem like an unusual statistic, the reality is that trash and recycling pickup workers use large trucks in order to do their jobs. These trucks must make frequent stops and starts in order to pick up garbage and waste. The frequent stops and starts can easily lead to accidents. As well, the drivers and workers must enter and exit the truck several times throughout the day, increasing the risk of a pedestrian accident and other types of accidents.

Accidents on the job are very complex from a legal point of view, as they often concern labor laws, workers compensation rules, and laws surrounding drivers. If you've been injured in a trucking accident on the job, you will need a qualified Florida trucking accident attorney and workers compensation attorney to investigate your accident and to determine whether adequate precautions were taken to keep you safe on the job. There may be multiple liable parties, which can help you get fair compensation in order to cover your medical costs, lost income, and other expenses. No one should be injured on the job. If you have sustained serious injuries in an accident while working, you deserve qualified legal help so that you can understand your options. Good legal help can also help ensure that there is someone to aggressively fight for your rights. Your employer and their insurance carrier have teams of attorneys working for them – don’t you deserve quality legal assistance as well?

Continue reading "Truck Driving a Dangerous Job: Report" »

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?" »

Florida truck accidents often involve larger, commercial trucks. According to a 2007 Federal Motor Carrier Safety Administration report, tractor trailers and other large trucks cause accidents because of a number of common reasons:

1) Drug use. According to the Federal Motor Carrier Safety Administration report, more than a quarter of crashes involving commercial trucks involved a banned substance or prescription drugs, which affect driver response times. About 18 percent of accidents were caused by prescription drugs specifically. According to the report, drug use was the most common cause of tractor trailer accidents.

2) Excessive speed. The Federal Motor Carrier Safety Administration report found that speed was a factor in 26 percent of the crashes studied. When truck drivers travel at high speeds, there is virtually no way for them to stop in time to prevent an accident.

3) Lack of familiarity with route. Truck drivers who drive along familiar travel routes are less likely to be in a collision than drivers in an unfamiliar area. Unfortunately, commercial truck drivers are routinely asked to make deliveries to new areas. According to the Federal Motor Carrier Safety Administration report, this factor contributed to 22 percent of accidents.

4) Blind spots. Truck drivers have many more blind spots than the drivers of passenger vehicles. In training, truck drivers are carefully instructed to check blind spots before making any maneuvers. Despite this, the Federal Motor Carrier Safety Administration reported that 14 percent of collisions were caused by a truck driver's failure to check blind spots.

5) Driver fatigue. There are hours of service regulations to ensure that truck drivers get adequate sleep. As well, truck drivers are supposed to be screened carefully for any illnesses – such as sleep apnea – that can lead to car accidents. Despite this, 13 percent of truck accidents studied in the Federal Motor Carrier Safety Administration report were caused by driver fatigue.

Continue reading "What Can Cause Florida Truck Accidents Involving Tractor Trailers?" »

According to both the National Highway Traffic Safety Administration (NHTSA) and The American Trucking Association (ATA), fatal truck accidents have declined as much as 14% through 2009. The improved safety of the industry can be attributed to many things, according to the ATA:

1) Better driver training. Truck carriers are improving driver training and driver training courses are improving at schools across the country, stressing things such as driver safety, defensive driving, and other similar topics which help reduce fatal truck accidents. Most industry experts agree that today's drivers receive more training and better-quality safety training than drivers of years past.

2) Lower truck highway speeds, which are mostly self-imposed. Many truck drivers are slowing down. Thanks to government regulations and a greater awareness among carriers that safety is good business, there is less pressure on drivers to deliver by deadline at any cost. Since speeding is considered a major contributor to most Florida car accidents and truck accidents – not to mention traffic accidents nationwide – slower speeds mean safer highways.

3) Improved truck safety systems. Systems such as roll–stability, GPS, lane-departure warning, and collision-avoidance systems are increasingly being installed in new commercial trucks. Manufacturers have been aggressively researching and developing new safety devices over the past five years, which are designed to help prevent serious accidents. These technologies are being implemented more often, helping to avert disaster, although the ATA has argued that better incentives would make implementing newer technologies more universal.

4) Improved regulations. The past five years have seen growing awareness about Florida truck accidents and US truck accidents in general. States and the federal government have passed legislation aimed at making streets safer. For example, last year all commercial truck drivers were banned from texting while driving. Better regulations and enforcement reduce the instances of violations and improve safety in the industry.

Continue reading "Why Are Truck Accident Rates Dropping?" »

According to both the National Highway Traffic Safety Administration (NHTSA) and The American Trucking Association (ATA), fatal truck accident rates continue to drop, as do personal injuries resulting from truck accidents. In 2009, there were 1.17 fatalities involving trucks per 100 million driven miles, the lowest rate since 1975. According to the NHTSA, there were 3 380 truck accident fatalities across the US in 2009, compared with 2 245 in 2008.

According to The American Trucking Association, statistics show that the trucking industry is getting safer, but agree that more can be done to improve overall safety. For example, the ATA is currently asking the government to allow programs which give incentives to truck companies that install safety technology. Tax incentives and other incentives, the ATA argues, would encourage carriers to install the latest technology that can help prevent accidents. Some of this technology, for example, creates alerts when truck drivers drive too fast or drive too long without taking breaks. This alerts carriers when drivers break the rules and makes it harder to circumvent federal rules which are designed to make trucking safer.

The ATA also recommends creating a national clearinghouse to streamline blood alcohol and drug test results. According to the organization, this would help coordinate information, so that drivers with poor records could not simply move to another state in order to avoid career problems in their home state. A national clearinghouse, according to the ATA, would help the industry track drivers with drug and alcohol problems, offer better treatment, and help catch repeat offenders.

Further, the ATA recommends advanced notification systems to target drivers with problems. Current systems, according to experts, allow drivers with repeat offenses and repeat problems to find themselves on the road again and again. Drivers and carriers sometimes go to great lengths to ensure that drivers remain on the road. Advanced notification systems, the ATA argues, could help alert carriers and authorities when a driver has multiple near-misses, multiple accidents, or other problems. These problems could then be addressed before the driver is allowed to return to the road.

Florida, too, could make changes to help make trucking safer in the state. Legislation is already proposed to ban texting and driving, which could help prevent Florida car accidents involving trucks caused by distracted drivers. As well, Florida could work on legislation which could help support federal efforts to prevent Florida truck accidents and accidents across the country.

Continue reading "What Else Can be Done to Reduce Florida Truck Accident Rates?" »

According to new statistics released by the Insurance Institute for Highway Safety, 2010 saw more than 500 000 commercial trucks and large trucks involved in accidents across the country. More than 100 000 individuals suffered serious injuries as a result of these crashes, which also claimed more than 5000 loves. The statistics represent an increase over 2009, when only 3200 deaths were attributed to collisions involving commercial trucks and large trucks.

Experts predict that the number of Florida truck accidents and national truck accidents will continue to rise, in part due to increased demand for truck transport. Industry experts estimate that 20% more trucks will be on the roads by 2012 when compared with today.

Florida car accidents involving trucks cause devastating injuries to passengers and entire families. Due to the size and force of large trucks and commercial vehicles, collisions between these large vehicles and passenger vehicles usually results in fatalities for the occupants of the smaller car. Survivors of such accidents often face serious injuries. Many Florida spinal cord injury patients and brain injury patients sustain their injuries through traffic accidents.

Unfortunately, although Florida laws and insurance providers are designed to help victims recover, in many cases injury victims involved in a Florida truck accident find that recovering for lost income and medical costs is very challenging. In cases where a commercial truck is involved, especially, there may be multiple liable parties, including the carrier, truck driver, truck manufacturer, the owner of the products transported in the truck, the city where the accident occurred, and other parties. Determining liability often becomes difficult as each party tries to shield itself. A good Florida personal injury attorney is often needed to assist the injury victim navigate the legal aspects of such a case.

Due to the increase in truck accidents, many groups are calling for new laws which would require improved truck safety. Although there already exist many federal laws regarding speed, hours of service, and other issues which affect truck driver safety, more can be done to help enforce these laws and to implement new regulations which would keep unsafe drivers off the roads.

Continue reading "Statistics Suggest That Florida Truck Accident Numbers Will Not Decline " »

According to the Federal Motor Carrier Safety Administration’s (FMCSA), commercial truck drivers are using safety belts more than ever before – an important precaution that can help prevent Florida workers compensation suits as well as fatal Florida truck accidents. According to the FMCSA 2009 Safety Belt Usage by Commercial Motor Vehicle (CMV) Drivers Survey, 74% of surveyed commercial truck drivers used seat belts on 2009. This represents a 9% increase over the 2007-2009 period.

According to the survey, passengers and other occupants of commercial trucks have a 61% usage rate when it comes to seat belts. The FMCSA 2009 Safety Belt Usage by Commercial Motor Vehicle (CMV) Drivers Survey surveyed 20,818 commercial drivers and 1,628 occupants of commercial vehicles across 827 sites across the US. According to the findings, safety belt use is higher in states that enforce primary belt use laws. States with secondary belt use laws have a seat belt usage of 67% among CMV drivers while states with primary belt use laws have a usage rate of 78%. Further, the FMCSA 2009 Safety Belt Usage by Commercial Motor Vehicle (CMV) Drivers Survey found that seat belt use among drivers and occupants with national or regional fleets is higher than the rates among independent owner-operators.

According to the FMCSA 2009 Safety Belt Usage by Commercial Motor Vehicle (CMV) Drivers Survey, there are also regional differences in the way seat belts are used. The survey found that commercial drivers and passengers were most likely to wear seat belts in the West, where usage rates were 79%, compared with just 64% in the Northeast. Southern states had a 75% usage rate while the Midwest had a 68% rate.

Safety belt use is a major concern for the FMCSA. The organization hosts contests and encourages awareness programs to ensure that drivers buckle up. In many cases, seat belt use can help prevent a fatal Florida truck accident. Without a seat belt, a driver in an accident can be thrown from the vehicle or may be tossed about inside the truck. Without a seat belt, these injuries are likely to result in serious Florida brain injuries, spinal cord injuries, and potentially fatalities. Seat belts restrain the driver in the event of an accident and help to protect the driver from impact.

The FMCSA has faced a number of challenges over the years in trying to enforce seat belt use. There are many myths about seat belts among commercial drivers. For example, some drivers erroneously believe that in the event of a Florida truck rollover, a safety belt can prevent them from escaping the truck and can actually contribute to fatalities. Statistics have proven that it is not the case. The safest place for a truck driver in most accidents is in the cabin, securely fastened by a safety belt.

Continue reading "Seat Belt Use Helps Prevent Fatal Florida Truck Accidents " »

According to a report published by the Florida Department of Transportation, 50% of Florida truck accident fatalities involving heavy trucks take place because a truck has rolled over. In fact, the report points to Florida rollover accidents as a leading hazard on Florida roads. The trucks were disproportionately involved in multi-vehicle accidents, but the heavy trucks were at fault only about 30% of the time, according to the Florida Department of Transportation report.

The report published by the Florida Department of Transportation concluded that heavy trucks were more likely to be at fault in Florida car accidents involving rear end collisions as well as in off the road and intersection collisions. In 28% of Florida car accidents involving heavy trucks, side and rear underrides were blamed for the fatalities.

In cases where car defects (other than Florida tire defects) were involved, more than half of the defects belonged to the heavy trucks rather than to the passenger vehicles involved in the collisions. This means that heavy trucks are disproportionately affected by defects, since heavy trucks only make up about 17% of the vehicles involved in the accidents studied by the Florida Department of Transportation.

The report by the Florida Department of Transportation also considers the ways that alcohol and drugs, road conditions, and driver age affect Florida truck accidents. The full report is more than 500 pages long and provides a unique glimpse into the Florida truck accident issue. The full report can be viewed by visiting the Transportation Research Board Web.

Continue reading "Florida Truck Rollovers are a Common and Deadly Traffic Hazard " »

This week is National Truck Driver Appreciation Week, organized in part by the American Trucking Association (ATA). This is a good week to appreciate the safe truckers on our roads – the truck drivers who work to help prevent Florida car accidents and truck accidents by driving safely and responsibly. Events have been held by trucking associations in every state to mark the week.

In celebration of National Truck Driver Appreciation Week, the ATA has released some fascinating facts and statistics about our nation’s truckers:

1) In America, there are over 3.4 million professional truckers at work, driving more than 431 billion miles on our streets.

2) In 2008, truck drivers delivered 68.8% of the total US freight, which is about 10.2 billion tons of freight.

3) The National Highway Traffic Safety Administration (NHTSA) reports that trucking accidents have decreased by 20% between 2008 and 2009 and fatal truck accidents are at an all-time low after declining four years in a row. While Florida trucking accident rates do tend to be higher than the national average in some years, the overall downward trend is certainly good news.

4) Fatality rates for truck occupants decreased 26% in 2009. New laws may be helping, according to some industry experts. Since 2004, when Hours of Service regulations were introduced, the overall fatalities in truck-related accidents has decreased 33%.

5) Truck drivers drive long distances. Regional truck drivers drive 48, 000 miles per year and long haul drivers drive an average of 100, 000 to 110, 000 miles per year.

Continue reading "Thank Safe Truckers This Week for Working to Prevent Florida Trucking Accidents" »

Public consumer groups dedicated to making our streets safer often speak out against Florida car accidents involving trucks. Advocacy groups, often organized by families of people who have lost their lives to Florida truck accidents, point out that large trucks are harder to control, more dangerous when they share the road with much smaller passenger vehicles, and are more difficult to stop suddenly in traffic. According to Road Safe America, an 80,000 pound tractor trailer traveling at 70 miles per hour has a similar impact in a collision as a passenger vehicle traveling at 360 miles an hour.

Across America, over 400, 000 commercial trucks and large trucks are involved in trucking accidents annually. These truck accidents resulted in more than 90, 000 injuries and 4, 200 deaths in 2008 alone. Florida trucking accidents also have a high fatality rate and often result in severe, permanent injuries, such as Florida brain injuries, spinal cord injuries, amputations, and serious burn injuries.

Many people feel very safe beside big trucks on the road because they do not realize the devastation that trucks can cause. Many of the statistics released about truck accidents in Florida and in the US also seem innocuous. For example, only 12% of traffic fatalities are attributed to truck accidents, according to National Highway Traffic Safety Administration. As well, the media has reported in recent years that the number of fatal; truck accidents has dropped somewhat. While this is a positive step forward, other statistics suggest that there is no room for complacency:

1) While it is true that large truck accidents only cause 12% of all road fatalities, it is also true that large, heavy trucks are only 4% of the vehicles on the roads. As well, truck accidents are four times more likely to cause fatalities for car and truck drivers than car crashes involving only passenger cars.

2) Large trucks, such as commercial trucks, are twice as likely as passenger cars to be involved in multiple-vehicle collisions. In fact, one quarter of passenger car fatalities in multiple-car crashes include a large truck.

3) Trucks are far more likely to hurt passenger vehicle occupants. In truck accidents, 75% of injuries are sustained by the passengers in another vehicle (often a passenger vehicle). 2% of injuries are incurred by people who are not passengers at all. These non-passengers are often pedestrians. 23% of injuries are sustained by passengers or vehicles in the truck. Similarly, 75% of all fatalities in large truck accidents involved the deaths of passengers in cars or other vehicles while 17% of fatalities involved the truck driver or truck passengers. About 8% of truck accident fatalities involved non-occupants, often pedestrians. Quite simply, the size of the truck often protects the driver and the truck’s passengers somewhat, while the force of the truck does considerable damage to surrounding vehicles in a collision.

4) According to advocacy groups, just one 80,000 tractor trailer truck can do similar damage to bridges and roadways as 9,600 cars together can cause. Large truck accidents cost over $41 billion damages a year, and this figure does not include the general wear and tear which trucks place on the roads – wear and tear that some experts claim costs the economy many billions of dollars in new infrastructure, repairs, and construction.

According to the website The Daily Beast, Florida is home to the three most dangerous and deadly highways in the nation. In fact, the website ranks the I-95 as the most deadly road in the US, due to the high number of fatal Florida trucking accidents and other traffic accidents on this particular road. The Orlando Business Journal reports that Florida’s I-4 is also among the deadliest in the nation, with more fatal Florida car accidents and serious accidents than most other roads in the country.

The Daily Beast and The Orlando Business Journal compiled their data from the National Highway Traffic Safety Administration (NHTSA). According to The Daily Beast, between 2004 and 2008, the 100 days where most car accidents and truck accidents take place are in June, July, and August, making this season the most dangerous for drivers. During these three months between 2004 and 2008, 50,765 fatal traffic accidents took place. While highway fatal accidents have been decreasing nationally over the past five years, the summer months still usually bring a sharp spike in Florida truck accidents and car accidents.

The I-95 in Florida was dubbed by researchers as the deadliest highway in the nation because between 2004 and 2008, 662 fatal Florida car accidents and truck accidents took place over the 382.15 m stretch that the I-95 covers. The 132.39 mile I-4 in Florida saw 209 fatal Florida truck accidents and car accidents in the same period. The 470.88 miles of the I-75 saw 536 fatal Florida traffic accidents between 2004 and 2008.

In many cases, Florida car accidents on these roads are in fact car-truck collisions. Large interstates are where trucks and cars tend to share the road most, and unless both car and truck drivers are very careful, accidents can easily occur. Trucks take longer to stop than passenger vehicles and have many blind spots. These differences need to be respected by all drivers to help prevent accidents on Florida’s roads. Car-truck collisions on the I-4, I-95, I-75 and other large highways are likely to be fatal. The high speed at which vehicles travel on these roadways, coupled with the disparity in size and force between trucks and cars create dangerous collisions.

However, even if you do not drive on the I-4, I-95, or I-75, you cannot be complacent. Florida truck accidents can and do occur on just about every street. In fact, statistically, the streets you drive most often are also the riskiest for you. You are more likely to be in a Florida truck accident or car accident on the highways and streets you drive each day. Even in familiar surroundings, it is important to keep alert and stay aware of other trucks and drivers on the road.

Since Florida has many ports, it also has many commercial trucks. Trucks move cargo from the port areas through the rest of the nation. Unfortunately, a large number of trucks on the roads also means a higher risk of Florida car accidents involving trucks. According to the statistics released by The United States Department of Transportation (USDOT):

1) More than 500, 000 truck accidents occur annually across the country. In 2008, there were 11,500 Florida trucking accidents. These accidents lead to 290 fatalities and more than 6,400 injuries. Medium trucks with four rear tires accounted for 72 fatal accidents and 2,596 injuries that year. Heavy trucks contributed 77 fatalities and 1,939 injuries. Tractor-trailers accounted for 145 fatalities and 1,867 injuries.

2) Each year, commercial truck accidents result in about 5,000 fatalities across the nation. In 2008, 4,229 people in the US died in trucking accidents.

3) Of the 2008 fatalities related to truck accidents, 3,139 of the people who lost their lives in trucking accidents were passengers in vehicles other than a truck. Another 413 people were bicyclists or pedestrians. In 2008, 430 truck drivers and truck passengers were killed in truck accidents.

4) Multi-vehicle truck accidents claimed the lives of 247 truck occupants in 2008.

5) Truck accidents are most common in the daytime and in rural areas. In 2008, 68% of US fatal truck accidents took place outside of city areas. 66% of these fatal accidents took place in the daytime.

6) The trucking industry made $610 billion in revenues in 2008 and the number is expected to more than double by 2015. Between 1997 and 1999, the average cost of a trucking accident was $62,613.

7) In 2008, 9 people were killed and 171 were injured in Florida by riding in the bed of a truck. Most of the injuries and deaths involved persons between the ages of 15 and 44.