Trucks Have Black Boxes, Too – Fort Lauderdale Truck Accident Attorney

When a plane crashes, everyone wants to know what kind of data will be obtained from the “black box.” Even though they are usually bright orange, the “black” boxes have millions of pieces of data that help investigators figure out what caused the accident.

Trucks and cars don’t always get along on our roads and highways, and when they collide with each other the resulting damage can be devastating. Having access to the black box data can help put the pieces together.

Most semi-trucks and commercial vehicles manufactured in the United States have Electronic Control Modules (ECM), which are integrated into the engine’s components. These control the engine’s performance, ensure fuel economy, regulate emissions, and protect the engine from abuse. They are used to troubleshoot mechanical issues and even monitor how the vehicle operates. They are also a critical piece of evidence following a collision. These ECMs could record data that is useful in determining what happened during the accident, as well as moments leading up to it.

Depending on the make and model of the semi-truck, the ECM could record a multitude of data. The events recorded are referred to by different names, such as Hard Brakes, Quick Stops, Sudden Decelerations, etc. But, the type of data recorded by the ECM may include:

• Average speed of the truckFort Lauderdale Truck Accident Attorney
• Highest speed the truck reached
• Brake times
• Throttle percentage
• RPMs
• Time driven
• If cruise control was on or off
• Amount of time the semi-truck drove more than 65 miles per hour

Truck accidents involve issues that make them more complex than most car accidents. Large truck are usually owned by corporations and may have multiple owners. Insurance is different than car insurance, and there are different rules and regulations that cover trucks.

Truck accidents have been a major portion of our practice here at Lazarus and Lazarus, and we have analyzed the data from black boxes many, many times. Our clients are our main goal, getting them the maximum compensation allowed by law, so if you have any questions please call us at 954-356-0006 and we’ll set up a consultation. Thank you.

 

Florida Bus and Truck Accidents Involving Migrant Workers – A Sad History

Florida Bus and Truck Accidents: Overloaded, Unsafe Trucks and Buses are Often to Blame for Migrant Worker Injuries and Fatalities

If you have lived in Florida for several years, you have probably heard about serious accidents involving migrant workers so often that you become almost used to them. They always seem to happen out in the middle of nowhere, and while you feel saddened by these tragedies, the news coverage is brief because the dead and injured people are not established members of the community. The victims are usually forgotten, and the accidents continue to happen.

Florida Bus and Truck AccidentsThe truth is that these accidents are often the result of careless and negligent companies and their employees who cut costs by placing human beings in harm’s way when they transport them in unsafe trucks and buses.

Nationwide, more than a dozen accidents have left at least 38 migrant workers dead and nearly 200 injured just since January 2015. The casualties included a 4-year-old and a 5-year-old, traveling with migrant worker parents.

According to the Associated Press, on July 2, 2016 police say a 1979 school bus carrying dozens of Haitian farm workers and family members blew through a flashing red light near the town of St. Marks, Florida, and was struck by a tractor-trailer. The truck driver and three on the bus were killed.

Unsecured seats were among 25 violations cited in post-accident inspections of farm labor contractor Billy R. Evans’ fleet. The Federal Motor Carrier Safety Administration called the Belle Glade, Florida, contractor “an imminent risk of serious injury or death,” and ordered him off the roads.

Often, the farm companies or the contractors they hire to transport workers do not have adequate liability insurance, operate unsafe vehicles, or hire under-trained drivers, and the workers are afraid to say anything because they don’t want to rock the boat.

Florida Bus and Truck Accidents

Surely the State of Florida can do more to regulate transportation for migrant workers, inspect vehicles, and make sure that there is adequate insurance to compensate the victims and their families when accidents do happen.

Florida Accident Attorneys

Florida Accident AttorneysWhen a single accident involves many people in large commercial vehicles the process of sorting everything out is an extremely complex process and requires experienced attorneys and investigators. The Law Firm of Lazarus and Lazarus specializes in helping victims of Florida bus and truck accidents. Our focus is on getting people the medical and financial help they need to recover.

We are pleased to meet with anyone who has questions about a serious accident, and you can reach us by calling 954-356-0006 or click here to fill out a contact form and we will respond to you promptly and confidentially.

Florida accident attorney

What Goes on at Those Weigh Stations Along the Highway?

Enforcing Weight Restrictions is Part of an Overall Safety Strategy for Big Rigs

You’re driving to Disney World and as you pass one of those “Weigh Station Ahead” signs your friend jokes, “You’ve put on a few pounds, and maybe you should pull in.” Such an amusing friend.

But seriously, what is going on at those weigh stations? Why do some trucks stop, and some drive right by? Are they checking for weight or other things, like illegal drugs? Do they serve coffee?

Florida accident attorneyThe answer is that vehicles that weigh more than 26,000 pounds or have 3 or more axles have to pay fuel taxes Truck weigh stations were originally developed for states to collect the fuel taxes they were owed by the commercial trucks using their roadways. Motor homes and other private (non-commercial) vehicles are generally exempt.

In North America, weigh stations aren’t directly used for that purpose anymore. There is now an International Fuel Tax Agreement which allows truckers to file a quarterly tax report. Weigh stations are still used to enforce the tracking and submission of the logs and the payment of the fuel tax.

Large commercial vehicles are almost all equipped with transponders, and these devices do a lot to make sure trucks are safe and are operating within the law. They can keep track of the number of hours a driver has been behind the wheel so they don’t exceed the limit.

The scales are still used to enforce weight restrictions. The federal weight restriction is 80,000 pounds. Trucks need a trip permit to transport a load exceeding that weight.

We have discussed before in this blog that the severity of an accident is highly influenced by some fundamental principles of physics including mass (weight) and acceleration (speed). A very heavy truck going very fast has the potential to cause massive amounts of damage.

It’s in everyone’s best interest for commercial truckers to follow the rules, obey the restrictions, maintain their vehicles, and operate safely. It’s also best for drivers of automobiles to be aware of special circumstances with big trucks like blind spots. (See our article on blind spots)

It is prudent to watch for trucks entering the highway at weigh stations. Big commercial trucks are often slow to reach full speed, so don’t ride up on them too fast.

Frequently asked questions about weigh stations in Florida can be found here: http://www.dot.state.fl.us/statemaintenanceoffice/motorcarrierqa.shtm

Florida Accident Attorney

The Law Firm of Lazarus and Lazarus is committed to providing information that will help drivers stay safe on Florida roads. We represent truck drivers, automobile drivers, and motorcycle riders who have been involved in serious accidents. We investigate, and when necessary we litigate so our clients are given their access to justice under the law.

Please reach out to us if you have been involved in an accident or if you have questions by calling 954-356-0006.

 

 

Florida Truck Accident Attorney

Driverless Vehicles – Who is at Fault when they Crash?

Things that seemed technologically impossible years ago are now every-day commonalities as advances in science, computers, and engineering continue to grow.

No one would have believed that people would all be carrying portable phones and computers around with them, and the thought of driverless cars and trucks was a fantasy until just recently.

But the fantasy has become reality and prototypes of cars controlled by computers are now out on the road. Unfortunately, with every advancement there are sometimes very costly errors.

Florida Truck Accident AttorneyThe first reported death in a Tesla Model S crash while the Autopilot was activated has been shaking the Tesla and self-driving car community. The tragic accident happened May 7th in Florida, news outlets only learned of the event last week when Tesla revealed that the U.S. National Highway Traffic Safety Administration (NHTSA) launched preliminary evaluation in Tesla’s Autopilot system.

The investigation is in the very early stage, but it’s possible that the car’s forward facing camera, sensors, and radar interpreted the truck to actually be a bridge, and therefore “assumed” the car would be able to drive under it. What actually happened is the impact tore the roof off the car, and then it lost control. There is a possibility the driver of the car was watching a movie when the accident occurred.

This type of tragic incident is opening a whole new arena in the legal world, which is called robotics law.

Most advances in automobile technology such as seat belts, airbags, and anti-lock brakes were designed to improve safety but still relied on an action by the driver or passengers in order to function. Now the responsibility rests with a machine and it is very murky as to how this will affect court cases.

A division of the U.S. Department of Transportation, the Federal Motor Carrier Safety Administration (FMCSA) regulates nearly all aspects of the trucking industry. How cars and trucks will deal with the infusion of driverless vehicles remains to be seen, as the legal profession also ponders and debates these issues over the next several years.

The Law Firm of Lazarus and Lazarus specializes in accidents involving commercial trucks and has for over 20 years. It is a unique and complex area of the law where special regulations and guidelines apply, and both Gary and Arleen Lazarus are eminently qualified to handle these situations. Please call their Fort Lauderdale office at 954-356-0006 if you or someone you know has been involved in a serious truck-related accident.

Truck Accidents in Florida

Video of Tragic Miami Accident Shows Devastation Caused by Large Trucks

Investigating Truck Accident Injuries Requires Unique Proficiency and Experience

A commercial truck accident can be far more catastrophic than an accident between two personal-use vehicles. A fully loaded commercial truck can weigh at least 25 times as much as a typical car. Because of this stark weight disparity and the basic laws of physics, most big rig truck accidents with other vehicles result in serious, even fatal, injuries.

Truck Accidents in FloridaCommercial truck drivers have received special training and are generally more careful on the road than automobile drivers. In 2012, there were 3,921 people killed and 104,000 people injured in crashes involving large trucks (gross vehicle weight rating greater than 10,000 pounds).

It is important to note that of those 3,921 people killed in big-truck accidents in 2012, 697 were in the big truck and 3,224 were occupants or drivers of the other vehicles, or pedestrians. This tells us that trucks are, by their size alone, dangerous. Drivers should always be alert and cautious but even more so when a large truck is nearby.

Florida Truck Accidents

An April, 2016 video of an accident in Miami demonstrates the immense power and destructive forces involved when a heavy truck impacts passenger vehicles.

This Miami Herald includes video of the accident, which may be disturbing: Miami Herald

In addition, truck accidents can be made worse by the freight the truck is carrying. For example, if hazardous or flammable materials (such as gasoline or industrial waste) are on board a big rig involved in an accident, secondary injuries from that dangerous cargo can result.

A few facts about big-truck transportation:

  • There are 3.24 million truck drivers in the U.S., according to the U.S. Department of Labor.
  • The average daily run for a long-haul, over-the-road truck driver is nearly 500 miles.
  • Most long-haul, over-the-road truck drivers average from 100,000 to 110,000 miles per year.

Long Hours

Drowsy driving can contribute to truck accidents, and here are the rules regarding consecutive hours for commercial drivers carrying property:

  • May drive a maximum of 11 hours after 10 consecutive hours off duty.
  • May not drive beyond the 14th consecutive hour after coming on duty, following 10 consecutive hours off duty.

According to a study done by the Harvard Health Watch, an average American spends 101 minutes per day driving.

A commercial truck driver involved in an accident may be an independent driver, may work for a small company that does not provide insurance, or might be an employee of a large corporation that does provide insurance. Who is liable for damages in a truck accident can be very confusing, and requires extensive study to get to the facts.

People Who Care

The Law Firm of Lazarus and Lazarus has been helping victims of truck accidents in south Florida for over 20 years. We have the experience and expertise to properly investigate these terrifying events in order to understand how to help the injured participants. Reaching out to us is easy by calling 954-356-0006 and asking to speak with Gary or Arleen Lazarus. We will work hard to protect your rights to proper compensation for your damages. We are experienced Florida Truck Accident Attorneys.

 

The Principles of Physics Make Truck Accidents More Devastating

Can a Fly Really Fly 500 Miles Per Hour?

I recall having a conversation with a friend once about a fly on an airplane. The man said that he was bothered by a fly that had somehow made its way onto an airplane he was traveling on and he expressed that it annoyed him the whole trip. Then he pondered “if the fly was on his shoulder, and flew forward six rows to bother someone else, was that fly actually flying as fast as he plane?”

This conversation took place at a party where perhaps my friend had consumed an adult beverage or two so he wasn’t necessarily all there. A fly cannot travel 500 miles per hour under its own power, nor can my friend. Both were actually experiencing Newton’s First Law of Motion: An object at rest stays at rest and an object in motion stays in motion with the same speed and in the same direction unless acted upon by an unbalanced force.

You feel acceleration when the plane takes off and then when it reaches a constant speed, you feel no sense of speed at all.

This applies to a motor vehicle as well, when you’re traveling 75 miles per hour in a 3000 pound car on the highway, talking to others in the car, sipping a Starbucks and listening to music. All seems peaceful and at rest, when in reality you are part of a very powerful force with tremendous potential energy.

Force is defined by another of Newton’s Laws – he made laws, but he wasn’t a lawyer, imagine that – and this is the law that relates directly to the damage that is done in a vehicle accident.

The Law is stated F=ma or the Force of an object is equal to mass X acceleration. We don’t want to get very technical here, but it is important to understand the very real potential for tremendous damage when a vehicle you drive impacts another vehicle or object. And the larger the vehicle, the more damage.

When you’re driving a fully loaded SUV, you’re driving a truck. The average weight of a Cadillac Escalade is 5,552 to 5,815 lbs. The weight of an average Toyota Corolla is 2,800 to 2,875 lbs. When you plug those numbers into the Force equation there is a big difference in the effects on vehicles, property, and human bodies. All vehicles can be dangerous but trucks require even more caution.

We are only a little over 3 months into the year, and already in Florida (all vehicles) the numbers are very disturbing:

 

Total Crashes:                                    91,700

Injury Crashes:                                  38,617

Total Injuries:                                    59,310

Crashes with Traffic Fatalities:    580

Total Traffic Fatalities                     626

Commercial Vehicle Crashes:      9,475

Commercial Vehicles:                     10,262

Property Damage Crashes:          52,503

Pedestrian Crashes:                        2,203

Pedestrian Fatalities:                      128

Bicycle Crashes:                                                1,536

Bicycle Fatalities:                              31

 

 

It’s very important to be ever-vigilant of the incredible power that rests in your hands when operating any vehicle. Buckle up, be cautious, and never drink and drive.

If you are involved in an accident, it’s prudent to contact an attorney who has experience dealing with the aftermath and injuries involved. The Law Firm of Lazarus and Lazarus has been helping the victims of vehicle crash injuries for over 20 years. They are eminently qualified to guide you through the legal and medical issues you may be facing. Call Gary and Arleen Lazarus at 954-356-0006.