Distracted Driver | Alan Goldfarb, P.A. https://www.goldfarbpa.com Wed, 25 Jan 2017 16:28:16 +0000 en-US hourly 1 https://wordpress.org/?v=6.5.2 Home Struck By Car In Northwest Miami-Dade https://www.goldfarbpa.com/home-struck-by-car-in-northwest-miami-dade/ Wed, 25 Jan 2017 16:28:16 +0000 http://www.goldfarbpa.com/?p=2322 Read More »]]> Northwest Miami-Dade was the scene of yet another accident in which a car left a roadway and struck a house. Details regarding the incident are sparse, but it was noted that the driver of the vehicle that struck the house was taken to the hospital. The cause of the crash is still under investigation, but reports indicate that the driver may have suffered some sort of medical incident.

Medical Emergencies And Auto Accidents

Medical conditions cause problems not only for those who suffer from the conditions themselves, but also for others, particular when those medical conditions cause or contribute to an auto accident, as may have been the case in this Northwest Miami-Dade incident. Though rare, a driver’s medical condition can cause an auto accident when it affects the driver’s ability to drive safely. Some of the more common medical conditions that can cause or contribute to an accident include epilepsy and its associated seizures, strokes, heart attacks, or diseases such as Alzheimer’s or Parkinson’s. Though some conditions may be known ahead of time and may offer the driver the ability to take measures to minimize the chances of an accident due to the condition, drivers who suffer heart attacks and strokes behind the wheel may have no way to predict or plan for these conditions.

Preventable Medical Conditions

Out of all of the types of medical conditions that can cause an auto accident, one of the most common is also one of the most predictable and preventable – driver fatigue. Statistics show that a majority of drivers have driven while feeling drowsy and, even more worrisome is the fact that more than a third of all drivers admit to having fallen asleep behind the wheel at some point. A percentage of those who admitted to having dozed off behind the wheel also admitted to doing so fairly regularly – and some admit that they have either had an accident or have nearly had one as a result of dozing off or just being too tired to drive. The Centers for Disease Control and Prevention (CDC) recognizes drowsy driving as a major problem in our country, which often has tragic results and can occur not only when a driver has not had enough sleep but also when sleep disorders go untreated or as a result of medication or drinking. When drivers get behind the wheel without first ensuring they have had enough sleep to do so safely, they often pay less attention to the road, are less able to react appropriately to changes in driving conditions, and less likely to make good decisions.

Reach Out to Us for Help Today

If you have been in an auto accident caused by the medical condition of another driver, you may be entitled to money for your injuries and losses. At the office of Alan Goldfarb, P.A., we can help you to successfully recover money for your medical expenses, lost wages, and other expenses associated with the accident. Our Miami personal injury attorneys will review your case with you to determine the best way to get the results you deserve and will work hard to accomplish those results. Contact us now to talk with one of our legal professionals today.

Resources:

wsvn.com/news/local/car-hits-house-in-nw-miami-dade/

cdc.gov/features/dsdrowsydriving/

]]>
Federal and State Laws Regulate Commercial Trucks https://www.goldfarbpa.com/federal-and-state-laws-regulate-commercial-trucks/ Tue, 20 Oct 2015 13:38:23 +0000 http://www.goldfarbpa.com/?p=969 Read More »]]> An accident with a commercial truck can be life changing. An accident with a truck could result in spinal cord injury, traumatic brain injury or wrongful death. The process of gaining compensation for these injuries is influenced by a complex set of administrative regulations, state and federal law. The Federal Motor Carrier Safety Administration (FMCSA) regulates the trucking industry. FMCSA regulations attempt to “reduce crashes, injuries and accident fatalities” caused by truck drivers. Similarly, Florida lawmakers have designed laws to help regulate truck drivers. Both Florida state law and FMCSA regulations are enforced by the Florida Highway Patrol Office of Commercial Vehicle Enforcement.

Truck accidents have many causes, which range from driver error, driver distraction, equipment failure or failure to properly maintain equipment. The state and federal regulations discussed below seek to decrease accidents and improve public safety:

  • Hours of Service Rules

Federal law defines hours of service for truck drivers and limits the number of consecutive hours a truck driver can work without rest. Drivers carrying cargo are limited to a 10-hour driving day and drivers carrying passengers are limited to an 11-hour driving day. Generally, drivers may not work more than 60/70 hour per week in 7/8 consecutive days.

  • Distracted Driving Prohibited

Federal regulations have limited the use of cell phone for truck drivers. Under the federal rules, truckers cannot use mobile devices to text. The restriction does not prevent the use of mobile devices. Drivers are allowed to use earpieces, voice activation and one-button features to make phone calls. Similarly, Florida has banned texting while driving but permits the use of mobile devices while driving.

  • Following and Passing

Under Florida law, it is illegal for all drivers, including truck drivers, to follow within 300 feet of another vehicle in city limits.

  • Alcohol and Drug Testing

Truck drivers are not allowed to drive while intoxicated. Under federal law, it is illegal for a truck driver to drink alcohol for four hours before driving. Additionally, when a truck is in an accident, a driver may not consume alcohol for eight hours following the accident or when the driver takes a blood alcohol test. Additionally, federal regulations require that drivers obtain a negative drug test results before they are hired.

Truck Accident Victims Deserve Compensation

Truck accidents have many causes and it is important to quickly assess whether a driver was fully complying with relevant rules and regulations.

If you have been injured in an accident with a truck in Miami, you will need an experienced truck accident attorney who understands the laws that regulate truck drivers. The truck injury lawyers at our office will use their experience to help you seek full and fair compensation for your losses. Please call Alan Goldfarb, P.A. at (305) 371-3111 or call toll-free at (866)936-9761 to discuss your specific case.

]]>