Florida
Trucking Accident Lawyer Blog

Florida does not keep records about how many trucks carry dangerous cargo, but does keep track of the chemicals and hazardous materials which are permitted on trucks. These include pesticides, explosives, radioactive materials, fertilizers, toxic gases, rocket fuels, and other hazardous products. The federal government has a number of rules in place designed to make the transport of these types of materials safer.

Under federal rules, drivers carrying dangerous materials in their trucks are subject to many rules and such drivers must have special licenses to haul hazardous materials. Drivers are required to post placards on their trucks, indicating the type of materials they are hauling and the hazards they pose. Drivers must also follow certain guidelines to ensure that dangerous cargo is loaded correctly. Drivers must further carry paperwork detailing their cargo. In the event of an accident, this paperwork is meant to help emergency responders assess the danger and order the correct treatment for anyone affected by the accident.

Across the US, there were 2,518 truck accidents involving hazardous cargo in 2010. These resulted in 34 injuries, nine deaths and almost $80 million in damages. That same year, there were 6800 incidents involving hazardous material that occurred specifically when trucks were loaded or unloaded. These types of truck accidents are devastating and can occur in any community, including Hollywood. Trucks are routinely used to transport hazardous materials and chemicals. Any Hollywood car accident involving a truck can involve a truck carrying a dangerous and even unstable substance. If you are in this type of accident, the injuries that you suffer can be especially severe and even life-threatening.

Hollywood truck accidents involving a truck carrying hazardous materials are considered extremely high risk. In many cases, emergency responders cannot get close enough to a truck to determine what type of hazardous material is inside. Federal regulations also do not require trucks carrying less than 119 gallons or 1,000 pounds to have any special signage, so that in some cases there is the risk for a toxic spill but emergency responders have no way of knowing that.

These types of Hollywood truck accidents are also high risk because they can affect a large area. A truck that spills its hazardous cargo could explode, causing flying debris to injure bystanders far away. Spills can also damage the roads or cause noxious fumes that can harm people living in nearby homes. In some cases, they can cause Hollywood burn injuries and other serious injuries. The number of victims in these types of Hollywood traffic accidents can be substantial, since the area affected by the accident can be quite large. A chemical spill involving a dangerous gas, for example, can affect thousands of people living in the area.

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According to the Federal Motor Carrier Safety Administration (FMCSA) Large Truck Crash Causation Study (LTCCS), cargo shifts are one of the most dangerous causes of truck accidents. Although they are not common occurrences, when cargo shifts do occur, they are very likely to cause a serious accident. In Deerfield Beach, traffic accidents caused by cargo shifts are likely to cause fatalities and serious injuries.

To understand why cargo shifts and resulting Deerfield Beach truck accidents take place, it is important to understand tractor-trailers. These larger commercial trucks have very high chassis, making the truck more likely to roll over and making stability essential. The cargo is the heaviest part of the truck, but the ability of the truck to stop, maneuver, and speed up is in the tires. When a truck attempts to move, the force of the move must be transferred through the truck, from the ground to the load. When a load is not carefully balanced, a Deerfield Beach rollover accident or cargo shift is the likely result.

In addition to incorrectly balanced loads, incorrectly secured loads are another common reason for cargo shifts. In a larger commercial truck, cargo needs to be very securely tied down or secured to prevent shifting. In some cases, loads are naturally more difficult to secure. For example, liquid loads naturally shift and move during transport. In these cases, special tanker trucks need to be used to ensure that the load shift does not lead to an accident.

Truck drivers are primarily responsible for a cargo load. They are expected to inspect the cargo during the trip and before the trip to ensure that it is safe. However, in a Deerfield Beach truck accident caused by shifting cargo, there may be multiple liable parties. For example, trucking companies are expected to properly train drivers so that drivers can inspect cargo correctly. In addition, loaders are expected to load and secure cargo correctly.

If you have been in a Deerfield Beach truck accident that you believe may have been caused by a cargo problem, it is important to consult with a qualified Deerfield Beach personal injury attorney. In many cases, where a commercial truck is involved in an accident, truck carriers have access to powerful insurance companies as well as teams of attorneys to represent them. You will need a qualified personal injury attorney who can investigate the accident, find all liable parties, and safeguard your rights.

Even in cases where a Deerfield Beach traffic accident seems fairly straightforward, where commercial entity is involved, the case may be more complex than you realize. Even simply finding all liable parties can be very important. For example, if a Deerfield Beach personal injury attorney is able to find multiple liable parties in your case, you can drastically improve your chances of getting a fair settlement that covers more of your medical costs, lost income, and other expenses. As well, a good attorney can help safeguard your rights and can ensure you do not sign away your rights when making an insurance claim.

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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" »

Many motorists in Homestead, Florida decide to purchase pickup trucks for convenience, business, or just because trucks can be fun. Pickup trucks are not subject to the same restrictions as commercial big rigs and tractor-trailers. However, they can still be quite dangerous for number of reasons:

1) Passengers. Many pickup trucks do not have extensive room for passengers, so that people are often tempted to ride in the bed of the pickup truck. Under Florida law, minors are not allowed to ride in the back of the pickup truck without age appropriate safety restraints. Those over 18 are allowed to ride in the bed of a pickup truck, but should be aware that there are additional risks to driving this way. If the truck driver has to brake suddenly, anyone who is in the pickup truck bed without proper safety belt belts will likely be thrown forward violently. This can easily lead to serious back injuries, head injuries, and even broken bones.

2) Load problems. Many people choose to get pickup trucks in order to carry materials, furniture, and other large items. While this is certainly an advantage of pickup trucks, it can also be a hazard. If you're going to be transporting anything in your pickup truck, it is your responsibility to ensure that the load is correctly secured and is not placing too much of a strain on your tires. If you overload your pickup truck, you could experience a tire blowout, brake malfunction, or other serious problem that can lead to a Homestead truck accident. You also need to ensure that your load is correctly secured so that it does not fly out into lanes of traffic, causing a danger for other drivers.

3) Blind spots. Trucks do have more blind spots than the average passenger vehicle. Truck drivers who drive this type of vehicle need to be aware of the blind spots and need to check them carefully before backing up, turning, or changing lanes. Unfortunately, many Homestead car accidents occur simply because drivers do not take the time to check their blind spots.

4) Driving issues. Pickup trucks handle differently than passenger cars and may take longer to break as well. New drivers, especially, need to give themselves time to get used to the larger vehicle.

Being in a Homestead traffic accident is devastating, and in many cases you can avoid an accident with some precautions. Being aware of the dangers of pickup trucks at taking steps to minimize the risks can ensure that you can enjoy your truck while staying safe.

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Miami truck accidents regularly close down highways and roadways and send victims to the hospital. A number of these accidents are caused by preventable load issues. The average commercial tractor trailer is more than 40 feet long, 13 feet tall, and is loaded with freight that can weight up to 80 000 pounds. Accidents occur every day in Miami, Fort Lauderdale, Coral Gables, and other Florida cities when incorrectly secured loads cause rollovers or when materials fly out of trucks and into oncoming traffic.

Commercial trucks are designed to carry large cargo, but that does not mean that cargo problems don’t occur. In fact, city authorities see many hazards and many Miami car accidents and truck accidents caused by load issues. Common issues can include:

1) Heavy weights that lead to loss of control of the truck. When a truck carries more weight than it was designed to carry, the extra pressure means more momentum, which can make it harder for the truck to stop, especially on hills and inclines. Heavy truck weight can make it very challenging for truck drivers to stop in time to avert an accident. Heavy cargo weights can also make it easier for the driver to lose control of the vehicle.

2) Incorrectly secured loads can make it harder for the driver to steer and control the vehicle.

3) Excessively heavy cargo can place so much stress on the brake system that the brakes fail. The extra momentum on a very heavy truck going downhill is especially dangerous for brakes.

4) Excessively heavy loads place so much extra pressure and weight on tires that tire blowouts can happen more easily, leading to accidents. Tires are designed to carry a specific limit of weight and exceeding this weight leads to an accident in many cases.

5) Very heavy cargo can make it hard for truck drivers to get uphill. The truck may roll back when the driver tries to brake or may move very slowly forward. This can make rear-end collisions far more likely, especially on curvy roads.

6) Incorrectly secured cargo can move and shift during the drive, distracting the driver and leading to an accident.

7) A poorly balanced cargo load can affect the center of gravity for the truck, causing a rollover or steering failure.

8) A cargo that has not been secured properly can roll and shift suddenly, increasing the risk of a rollover.

There are laws about the weight commercial trucks can carry and there are regulations about tire and axle load, weight distribution, and cargo securing. Truck drivers, carriers, and truck companies are responsible for ensuring that trucks stay safe on the road. Truck weigh stations across Florida and across the US make sure that truck drivers follow the laws. However, some companies and drivers are not as careful as they should be about securing loads and ensuring safe load weights. A casual attitude about load issues can easily lead to accidents.

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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.

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In 2009, there were 3,163 people killed in truck accidents across the country. Overwhelmingly, the victims were either pedestrians or other motorists. Passengers of passenger vehicles accounted for 70% of these deaths and bicyclists, motorists, and pedestrians accounted for 14% of these fatalities. Load problems – including loads that shift inside the truck or fall out of the truck – are a leading cause of truck accidents in Florida and across the country.

When loads are not secured or are too large or heavy for a truck, the truck is at a greater risk of rollovers. Too-large loads also put undue stress on the vehicle's brakes and tires, making tire blowouts and even brake failure more likely. A truck that has a too-heavy load or a load that is not correctly secured is more difficult for the driver to control and is therefore more likely to be in an accident. A regular commercial truck, for example, takes 40% more time to stop than a passenger car. When a truck is overburdened, it can take even longer to stop, making accidents harder to avoid.

There are several laws designed to help prevent Florida truck accidents caused by load issues. In 2002, for example, the Federal Motor Carrier Safety Administration (FMCSA) created new rules about securing loads. New rules require trucks to secure cargo in such a way that it does not shift so that it impedes the normal operation of the vehicle. When traveling on public roads, commercial trucks are also required to secure their cargo and loads so that the cargo does not fall, spill, or blow from the truck.

In addition, there are rules in place about the minimum number of tie-downs required to secure a cargo. These rules require that cargos which are no more than 1100 lb and 5 feet or less in length have at least one tie-down. Items up to ten feet require a minimum of two.

Commercial trucks are subject to strict weight limits and weigh stations across the US and Canada require all large trucks to stop and get weighed. Trucks above safe weight limits are subject to fines. As well, trucks carrying unsafe or dangerous cargo are subject to special requirements and limitations. In addition, in cases where a truck carrying a load or cargo that has been unsafely secured causes an accident, victims have the right to pursue legal action against the carrier, and even the driver of the vehicle.

Continue reading "Load Problems Can Lead to 18-Wheeler Truck Accidents in Florida " »