Miami Personal Injury Lawyer Blog

The deadly weekend tour bus crash that killed 15 passengers in New York is raising concerns over fatigue affecting drivers of buses and tractor -trailers, according to an article on FairWarning.org.

Driver Claims Bus Sideswiped By Eighteen Wheeler

The bus was returning to New York City with a group that had visited a Connecticut casino when it crashed early last Saturday morning. The driver, Ophadell Williams, told police that the bus had been sideswiped by a big tractor trailer. However, State police said that another driver who had been following the bus that morning told them he had seen the bus weaving in and out of traffic, which makes authorities suspect that Mr. Williams may have dozed off while at the wheel. Similarly, bus passengers have claimed that the bus driver fell asleep several times before the accident. Regardless, the investigation continues and authorities are looking into the information contained in the bus' "black box", according to an article in AllMediaNY.

Continue reading "New York Tour Bus Crash Raises Concerns Over Driver Fatigue " »

So called "blind spots" can be very dangerous when changing lanes in a car. They are usually deadly when changing lanes in a motorcycle. Riders on cruisers, who usually wear open helmets (or none at all) can't hear a vehicle in the lane next to them because of the surrounding noise. Similarly, those who ride sport bikes while wearing closed helmets can't hear most noises (specially if they're listening to music from an Ipod or similar device) and on top, their lateral visibility is blocked by the helmet. These are factors that may contribute to crashes that happen when riders change lanes without noticing a vehicle in their blind spots. Therefore, we all (drivers and specially riders) need to turn our heads and make sure there are no vehicles in those spots before attempting to change lanes.

New Technology to the Rescue

Finally, new safety technology that is being made available for cars, may soon be made available for bikes. A recent B.B.C. article, talks about new safety technology that would not only alert riders of vehicles in their blind spots, but can also warn them when they are traveling to fast before they reach an upcoming curve.

Continue reading "Upcoming Safety Features for Bikes" »

Not all people drive their cars in a safely manner. By the same token, not all young bikers ride recklessly. A young man from Miami was riding in a six lane road when a driver in the lane next to him suddenly decided to change lanes, cutting the rider off. The man in the motorcycle tried to avoid crashing into the other vehicle but in doing so lost control of his bike and fell. The fall gave him severe "road rash", scarring, bruising and fractures. He subsequently retained the Law Offices of Greenberg & Stone, P.A. to represent him.

Drivers Must be Mindful of Motorcycles When Changing Lanes

According to the Florida Drivers Handbook every driver must indicate their intentions to others with their turn signals. Being constantly aware of other vehicles in your vicinity is an important skill for drivers to safely operate their vehicles in our busy streets. That is why our cars come with rear and side view mirrors. Similarly, it is important to check for blind spots next to our own car before changing lanes. A driver who is about to change lanes must turn his head to see if there is a vehicle in his or her "blind spot". For obvious reasons, all drivers under these circumstances must exercise special care to look for motorcycles, because they are smaller and more difficult to see. Our frequent failure to see motorcycles around or approaching our path is often the cause for crashes.

Continue reading "Rider Has a Bike Accident in Miami" »

A pedestrian was killed early this morning by an SUV while crossing the intersection of Melaleuca Lane and Wiggins Road in Lake Worth. The elderly victim, Fatemeh Kazemishahmirzadi, was crossing in front of a vehicle in the lane closest to the median when the vehicle in the next lane hit her, maybe because the driver did not see her.

Florida Law states that motor vehicles must always yield to pedestrians, specially when these are crossing at an intersection and regardless of whether the crossing is marked or not. However, this fact alone (i.e., a driver failing to yield to the pedestrian) does not determine who was at fault in this kind of accidents. Therefore, an investigation is opened to find other facts, like whether the driver could have seen the pedestrian and/or whether the light was green.

Statistics by the Florida Department of Higway Safety and Motor Vehicles (see Florida Traffic Crash Statistics) seem to show that pedestrians between the ages of 75 and 84 are a particularly vulnerable group which accounts for 22.22 percent of all pedestrian fatalities that occurring when a pedestrian was crossing at an intersection in this State.

Continue reading "Pedestrian killed in a crosswalk accident in Lake Worth" »

Each year, tens of thousands of accidents involving tractor trailers and 18-wheelers occur in the United States. When one of these large commercial trucks hits a car, the occupants of the smaller vehicle are at a distinct disadvantage.

While federal law imposes obligations on truck drivers and trucking companies to assure that drivers are safe on the road, there are some steps all of us can take to avoid a serious or fatal accident with a semi.

• Do not drive after drinking alcohol or taking any sort of drug that impairs your coordination, reaction time or ability to make decisions. Staying alert can go a long way in preventing an accident with a large truck.
• Do not cut in front of tractor trailers and 18-wheelers. Cutting off large trucks can create a dangerous situation requiring emergency braking. Because it takes longer for these heavier vehicles to slow down, cutting off large trucks can cause a serious accident. When passing a truck, make sure you can see the front of the truck in your rear-view mirror before switching lanes.
• Avoid blind spots. Tractor trailers and 18-wheelers have large blind spots around the front, back and sides of the truck. If you cannot see the truck driver in the truck's mirror, then the driver cannot see you.
• Be careful of trucks making wide right turns. Particularly in urban areas, truck drivers often must swing wide to the left to safely negotiate right turns and they are unable to see cars directly behind or beside them. Pay attention to truck signals and provide them with plenty of room to maneuver.

Of course, drivers should also always wear their safety belts. Wearing a safety belt is the single most important thing that drivers can do to save their lives if they are in an accident with a large truck.

If you or someone you love has been in an accident with a tractor trailer or 18-wheeler, contact an experienced truck accident attorney like those at Greenberg & Stone, P.A. A knowledgeable truck accident attorney can assess your case and help you recover compensation for your injuries. To learn more, visit our website at www.truckaccident.sgglaw.com.

A commercial truck driver told police officers he drank beer to stay awake when he was pulled over after nearly running multiple motorists off the road. While fortunate not to cause a crash, the incident does expose the serious problems of commercial driver fatigue and drunk driving.

DUI Laws and Federal Regulations for Commercial Drivers

In Florida, it is illegal to operate a commercial vehicle with any alcohol in the body. In addition to facing penalties associated with Florida's DUI laws that all drivers are subject to, commercial drivers face a more severe penalty when they reach a BAC of .04 or higher. In fact, commercial truck drivers are supposed to be subjected to immediate testing following an accident, something that their employers often fail to do.

Commercial truckers are subject to strict laws because crashes involving these huge vehicles often cause devastating effects on other motorists. Commercial drivers are professionals and they are and should be held to a higher standard to keep our roadways safe. Unfortunately, some drivers do not take their duties seriously, and the consequences for motorists traveling in passenger vehicles can be severe, ranging from broken bones, to paralysis and traumatic brain injuries or even wrongful death. Occupants of smaller vehicles almost certainly pay the price for commercial driver error or recklessness.

As for the driver stating he was tired and was drinking to stay awake, federal laws require that commercial drivers not drive more than 11 hours in a day. Also, commercial drivers must take 10 hours off between shifts. Drivers are required to keep log books of the hours and turn them into their employers. Unfortunately, many times employers pressure the drivers to work more, putting all drivers in danger of being involved in a crash caused by driver fatigue.

Act Quickly When Involved in a Commercial Trucking Accident

If you or a loved one is involved in a commercial vehicle wreck, it is important to contact an experienced truck accident attorney immediately. There are many complex issues involving state and federal law that an attorney should be familiar with if he is to handle your truck accident case. Valuable evidence may not remain at the scene for long. Greenberg & Stone, P.A. actively represent injured people and their families who are victims of truck accidents and crashes. Please visit our website at www.sgglaw.com and www.truckaccident.sgglaw.com for more information on your rights.

Related Source:

Large Trucks Present Serious Danger to Florida Motorists

Approximately 100,000 Americans are injured each year in accidents involving large commercial trucks. With the high speeds and tremendous size of commercial trucks, the injuries in these crashes are usually more severe than those sustained in simple car accidents, sometimes resulting in brain injuries or even death. When crashes occur between cars and large trucks, passenger car occupants account for 98 percent of all fatalities.

The federal government and each state have a complex system of rules and regulations particular to truck drivers and the companies they work for. Unfortunately, many of these provisions are often overlooked, ignored, or willfully violated. The result of this is often an otherwise avoidable truck accident. Though most truck accidents are caused by overworked, overtired, and distracted drivers, or poor safety training and vehicle maintenance, there are a few things drivers of cars can do to avoid contributing to these accidents.

Accident Prevention Tips For Passenger Car Drivers

One of the most important things that automobile drivers can do to prevent accidents is to avoid driving in the blind spots that are located to the sides and rear of large trucks. Remember that if you can't see the driver in the side mirror of a truck ahead of you, the driver can't see you.

Because trucks need sufficient space to turn, they often make unexpected right turns from the left or center lane. Cars attempting to pass on the right could then face having the truck cut in front of them. For cars on the left, the trailer may swing out wide, creating an impact with a passing car. To stay safe, keep an eye on trucks' turn signals and avoid driving or stopping to the right of a truck that is about to turn.

Merging is another major cause of truck accidents. When cars cut in front of large trucks or merge without proper speed, trucks often cannot slow down in time to avoid a collision.

Stopping Distance and Weight Make Truck Accidents More Dangerous

You must also remember that trucks are much larger and heavier than cars. Trucks can weigh up to 80,000 pounds when traveling on the highway. This makes stopping far more difficult for large trucks than for passenger cars, and dramatically increases the force of the impact when collisions occur. When cars change lanes too closely in front of large trucks or merge without proper speed, trucks often cannot slow down in time to avoid a collision. When merging, make sure to leave enough room to account for the increased time it takes a large tractor-trailer to stop.

The law firm of Greenberg & Stone, P.A., is dedicated to making our highways and roads safer for everyone. For more on what you can do, or on how we hold those who caused a crash responsible, please feel free to visit our website at www.sgglaw.com.

Florida's Legislature recently proposed legislation making Florida's roadways more dangerous, creating the potential for more frequent crashes and more serious injuries for the state's drivers.

Florida lawmakers passed measures that would increase the allowable weight for large commercial trucks by 8,000 pounds and eliminate $160 million for the Florida Transportation Trust Fund. The funding cuts will likely hamper the state's ability to keep up maintenance on our highways.

Hitting Back

Governor Charlie Crist used his line-item veto to stop the Transportation Trust Fund raid. Unfortunately, leaders in both the state House and Senate are threatening to try to overturn the governor's veto.

Crist has not yet announced what he will do with the legislature's raising of weight limits for big rigs. If he signs the bill, the maximum weight of 18-wheelers will go from 80,000 pounds to 88,000 pounds: an increase guaranteed to cause more injuries and deaths on Florida highways.

Safety Matters

A significant amount of research shows that the bigger a truck is, the more likely it is to cause injuries and fatalities when it crashes into another vehicle.

• According to a University of Michigan Transportation Research Institute study, the odds of a fatality involving a big rig get worse for each ton of vehicle weight allowed by law. An 18-wheeler carrying that legal limit of 80,000 pounds is more than twice as likely to be in a fatal crash as a truck weighing about 50,000 pounds.
• A study by the Highway Research Board shows that an 80,000-pound truck does as much damage to roads as 9,600 cars.
• According to the National Highway Transportation Safety Administration, approximately 380,000 large trucks were in traffic crashes in 2008, with 4,066 involving fatalities. Though large trucks account for only four percent of all vehicles, they were involved in 11 percent of all traffic fatalities.
• Of the people injured in crashes involving big rigs in 2008, 71 percent were occupants of another vehicle, while 26 percent were occupants of the large trucks.

Florida's roads are already dangerous enough. Large commercial trucks, easily distracted and poorly trained drivers, and poorly maintained roads all play a part in making Florida's highways known as some of the most deadly in the country. To prevent things from getting worse, contact your local state congressman today and urge him to reconsider these measures.

This blog recently discussed the rule proposed by the Department of Transportation (DOT) to ban texting while driving for all interstate commercial truck drivers and bus drivers. The rationale behind this rule is obviously to prevent horrific and potentially fatal truck accidents.

What about other measures that DOT has in place to protect motorists against truck accidents that may not be so obvious to the average person?

Here, the blog will briefly examine the hours-of-service regulations as they relate to the daily driving routines of those in the commercial trucking industry.

According to DOT, hours-of-service regulations are "designed to continue the downward trend in truck fatalities and maintain motor carrier operational efficiencies." In other words, they are designed to prevent truck accidents.

Anyone who drives a commercial motor vehicle (CMV) is obligated to follow the hours-of-service regulations. A CMV is generally defined as any vehicle that is utilized in interstate commerce and weighs at least 10,001 pounds.

CMV operators are bound by the following hours-of-service regulations:

• They have up to 14 consecutive hours of duty time. The period begins once any type of work is commenced. When the 14 hours are up, no driving is permitted for 10 consecutive hours.

• During the above-mentioned 14 hours, CMV operators are only allowed to drive for 11 hours total. Once this total has been reached, a break of 10 consecutive hours must be taken.

For example, if a CMV operator begins their shift at 10am, they have until 12 pm (14 hours) to complete their allotted 11 hours of driving. If they drive from 10am to 9pm, they will have to take a 10-hour break. The same result if they drive from 1pm to 12pm.

The blog will revisit the topic of hours-of-service regulations in future postings.

Related Resources:
• U.S. Department of Transportation: Hours-of-service regulations (DOT)

The federal government is officially increasing its efforts to prevent truck accidents caused by distracted driving. On March 31, 2010, the U.S. Department of Transportation (DOT) proposed a rule that would permanently ban all interstate commercial truck drivers and bus drivers from texting while driving. The move comes on the heels of a recent January 2010 interim ban prohibiting the very same conduct.

Statistics provided by the Federal Motor Carrier Safety Administration (FMSCA) provide a sobering look at the dangers posed by those who send and receive text messages while behind the wheel.

According to the FMSCA research:

• Motorists who text while driving are 20 times more likely to be involved in a serious accident than non-texting motorists.
• Motorists who text while driving take their eyes off the road an average of 4.6 seconds out of every 6 seconds. At 55 miles per hour, this translates into not looking at the road for the length of an entire football field.

Given these statistics and the sheer size, weight and speed at which most commercial trucks travel, it is easy to see why this rule is being proposed. Many devastating and potentially fatal truck accidents Given these statistics and the sheer size, weight and speed at which most commercial trucks travel, it is easy to see why this rule is being proposed. Many devastating and potentially fatal truck accidents and bus accidents could be easily prevented.

The public is free to comment on this proposed rule via the "Regulation Room," an online forum created through a partnership with DOT and Cornell University. Here, interested citizens can learn about proposed DOT rules and offer their constructive commentary in a user-friendly environment.

Stay tuned for further developments ...

• Feds Propose Texting Ban for Truck and Bus Drivers (ConsumerAffairs.com)