Articles Posted in Auto Accident

Following the recent tragedy involving a tour bus company in New York City, the Federal Motor Carrier Safety Administration (FMCSA) has put passenger carrier safety on the front burner in order to reduce bus accidents in Fort Lauderdale and elsewhere in the country.

Our West Palm Beach bus accident lawyers know that tour buses and motorcoaches are a popular mode of transportation in Florida so safety should be a number one priority for the passengers who travel on them. Tour companies sometimes take a questionable approach to hiring drivers and maintaining their buses so surprise inspections should be conducted routinely to help keep the passenger carrier industry honest.

Almost 2,800 surprise inspections were conducted from March 28 through April 6 across the United States by FMCSA along with the help of state and local law enforcement officials. The surprise inspections, prompted by the death of 15 passengers traveling on a casino tour bus which crashed in the Bronx earlier in the month, came too little too late.

MSNBC reports the driver of the NYC tour bus shouldn’t have been permitted to drive the bus after investigators found he had two licenses and several traffic violations. Tickets for speeding and driving without a license were issued to the driver which led to suspension of his license when he failed to respond to the charges. Federal regulations prevent drivers who have a commercial license from having more than one license but states don’t prevent someone with a criminal record from having a commercial driver’s license to drive a bus.

The nine-day period of passenger carrier safety inspections resulted in removing almost 300 unsafe buses or drivers from roadways across the U.S. There were 156 drivers and 262 vehicles cited for out-of-service violations. There are an estimated 3,700 registered motor coach companies in the U.S. of which only 1,042 had a compliance review done in 2010.

The U.S. Department of Transportation provided an analysis of all buses involved in fatal crashes. During the period of 1999-2008, Florida averaged 27 buses involved in fatal crashes per year.

With all the tourist attractions that Florida has to offer, tour companies stay in business by transporting passengers to sporting events, amusement parks, and other day or weekend trips. Passengers who suspect or experience unsafe driving behavior or commercial carriers are urged to call 911 or report the driver or coach by clicking on FMCSA National Consumer Complaint Database to file a complaint.

Before you plan or take your next trip on a commercial bus, passengers are encouraged to check Bus/Passenger Carrier Information for reputable companies with high safety ratings.
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With the excitement of the Heat participating in the NBA playoffs and baseball season in full swing, it is probably a good time to remind motorists to drink responsibly at the game in an effort to avoid a drunk driving accident in Miami or elsewhere in South Florida.

Our personal injury lawyers in Fort Lauderdale enjoy a good game as well as the next person. But we also understand that far too many fans try to drive home while intoxicated. Affording the hefty price of beer at stadiums and arenas is one thing. Don’t think for a second you can afford to drink and drive and risk the chance of killing someone in a drunk driving accident.

Earlier this year, the University of Minnesota completed a study on fans at sporting events and the amount of alcohol that was in their system as they left the stadium. Bloomberg Businessweek reported that the study found that 1 in 12 fans who were tested were legally drunk. The study used two different sports venues, though did not announce which ones. They tested the blood alcohol concentration of a total 382 willing participants following a total of 16 professional football or baseball games. Of those tested, 8 percent of fans were found over the legal limit when given the breathalyzer test. In addition, the fans who tailgated prior to the game were 14 times more likely to leave the game intoxicated than fans who didn’t tailgate before the game. One in four tailgaters responded that they had at least 5 alcoholic drinks while hanging out before the game. The study found that older fans over the age of 35 were 9 times less likely to be drunk than someone who was under 35.

An interesting note about the respondents, only an average of 20 fans volunteered after each game and the majority of participants were male. A small percentage of respondents, only 14 percent were age 51 or over while 55 percent were between the ages of 21 and 35.

I am sure everyone has attended a sporting event at least once with an annoying fan who is wasted beyond belief. The alarming thing about this particular study is that sports venues are filled with tens of thousands of fans. If 8 percent of fans who leave the arena are intoxicated and they try to drive home at the same time, the odds are pretty good that someone will be involved in a drunk driving accident.

Unfortunately, CF News 13 reports that it isn’t only drunk drivers we need to be concerned about. Alcohol-related incidents like vandalism and assault occur quite frequently inside the stadium when fans have had too much to drink.

The article suggests that fans should do the following to avoid becoming a statistic:

-In Florida, heat can lead to dehydration so drink water in between each alcoholic beverage.

-Be sure to eat plenty of food while you drink. Not only does it fill you up but it keeps you hydrated and slows your ability to drink more.

-If you drink, know your limit and cut yourself off well before you reach it. If you have had too much to drink, ask a responsible party to drive you home or sit with you in the parking lot long after the game has ended.
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Throughout April, the National Safety Council (NSC) and FocusDriven are asking American’s to be considerate of other motorists on our roadways and request that drivers stop using their cell phones behind the wheel during the inaugural National Distracted Driving Awareness Month. It is estimated that nearly 30 percent of all accidents — roughly 1.6 million crashes each year — are the result of drivers using cell phones and texting while driving.

Distracted driving significantly contributes to the number of West Palm Beach car accidents.

Our Fort Lauderdale personal injury lawyers recognize that cell phone usage and the use of other hand-held devices cause the greatest number of accidents. We urge you to practice safe and focused driving this month, and every other month of the year.

Both organizations, the NSC and FocusDriven, are encouraging motorists to commit to putting away their cell phones while operating a motor vehicle for the entire month. They’re suggesting drivers put their phones away, in the glove compartment or in their trunks, to reduce the temptations of using their device while driving. Motorists are also encouraged to change their voice mail to alert callers they may be driving.

National Distracted Driving Awareness Month was created last month as a resolution by Rep. Betsy Markey (D-CO). It was passed by the U.S. House of Representatives in a 410-2 vote on March 23. It was greatly influenced the 9-year-old Erica Forney who was hit and killed by a distracted driver in 2008.

According to Distraction.gov, there are three types of distracted driving:

-Visual Distraction. This occurs when you take your eyes off the road for any reason at all, whether it’s because of the radio, another passenger or a hand-held device.

-Cognitive Distraction. This is when your mind is focused on something else besides driving. This can happen when a driver is irritated, tired, upset, etc.

-Manual Distraction. This is when you literally take your hands off the wheel. This is common with the use of cell phones and hand-held devices. With manual distraction, cognitive and visual distraction usually follow.

“If drivers can go one month without using their phones while driving, they will find out – as many of us have – work still gets done. Many drivers realize most of the calls they thought were so important, really aren’t. It is our hope drivers will decide to make the change permanently. Doing so will make our roadways safer for everyone,” said Jennifer Smith, FocusDriven president and founding board member.

Police-reported accidents provide alarming statistics:

-In 2009, there were nearly 31,000 fatal accidents in the United States. In those accidents 33,808 vehicle occupants died.

– In 2009, approximately 5,500 of those 33,808 motorists were killed in accidents involving driver distraction.

-The number of accidents involving drivers that were reportedly distracted at the time of the accident increased from 7 percent in 2005 to 11 percent in 2009

-Drivers under the age of 20 had the highest proportion of distracted drivers that were involved in fatal accidents. The younger age groups also recorded the most fatal distracted driving incidents.
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The National Safety Council (NSC) recently released new statistics showing the United States experienced a decrease in the number of car accident fatalities for the fourth-consecutive year in a row. The NSC found that there were approximately 34,700 motor vehicle fatalities in 2010 — a 3 percent decrease from 2009 and the lowest total since 1949.

Our West Palm Beach personal injury lawyers know the news may not be all it’s cracked up to be as the car accident fatality numbers showed an increase in the fourth quarter of last year.

Officials have observed and studied past fatality trends and found that the recession may be one of the main factors contributing to the decrease in car accident fatalities in West Palm Beach and elsewhere in the U.S.

The 3 percent decrease was recorded even when the nation’s drivers drove almost 21 billion miles more than the previous year. According to the National Highway Traffic Safety Administration, the car accident fatality rate has declined roughly 25 percent since the peak of 2005 with more than 43,500 deaths.

In addition to the recession influencing the decreased number of fatal car accidents, some officials would like to give credit to new car safety features and better driver awareness. The NSC also credits the greater visibility of law enforcement and safety laws for the reduction in fatality numbers. They believe seat belt use, distracted driving, teen and impaired driving have all influenced the decrease.

“As encouraging as it is to see fatalities decreasing on our nation’s roads, the 2010 rate of decrease is less than a third of the previous year’s decrease,” said Janet Froetscher, president and CEO of the National Safety Council. “We must remain vigilant in addressing roadway safety issues where the greatest impact can be made, such as distracted and teen driving. As miles traveled start to rise again from recession lows, we want to ensure the continuance of this downward trend.”

According to the NHTSA, Florida experienced nearly 750 fatalities from car accidents in 2008. Roughly 1,700 vehicles were involved in these Florida accidents. Although these numbers seem high, Floridians have been altogether safer on our roadways. The Sunshine State saw a 14 percent decrease in car accident fatality numbers from 2008 to 2010. Our drivers should still remain on alert as our roads are often filled with tourists, snowbirds and other drivers unfamiliar with our roadways.
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The Miami Herald recently reported the arrest of a Fort Lauderdale man accused of causing the death of a Miami Heat dancer in a DUI accident last September.

Our drunk driving accident attorneys in Fort Lauderdale understand the pain and anguish a victim’s family endures in the wake of a fatal drunk driving accident. Too often, these crashes claim the lives of innocent victims who had the misfortune of being in the way of a driver who climbed behind the wheel after having too much to drink.

Drunk driving accidents in Miami, West Palm Beach and elsewhere in the state are a daily occurrence. In fact, Broward Palm Beach New Times reports that accidents involving drunk drivers kill and average of 3 people a day in Florida.

From 2005 to 2009, over 5,700 Florida residents died in alcohol-related motor vehicle crashes. During that same time period, Broward County averaged 70 fatalities per year in drunk driving accidents. This was second only to Miami-Dade County which averaged 80 alcohol-related deaths during that time period.

According to the Sun Sentinel, the man recently charged for the death of the dancer was alleged to have a blood alcohol content of 3 times the legal limit at the time of the crash. His blood level measured at .24 in the first blood sample taken within 90 minutes of the crash according to police. He confessed to officers that he was at the mall where he had consumed two vodka drinks, authorities report. Contradicting his story, surveillance cameras from local businesses show that he and a friend were seen getting drinks approximately 6 different times from bars at 2 mall locations. The victim, riding a Suzuki sport motorcycle was struck by a Mercedes-Benz on East Sunrise Boulevard in Fort Lauderdale. The victim was thrown more than 100 feet and was pronounced dead at the scene.

The distraught family, after finding out the man charged was released on bond the following day, wants to see justice served according to Bradenton. Believing in the system is the only hope they have to keep drunk drivers off the streets. This tragedy has changed the lives of several but sending a message to not drink and drive can prevent other families from enduring another senseless tragedy.
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The horror of seeing a tractor trailer stop suddenly in front of you while driving strikes fear in us all. Our Fort Lauderdale personal injury attorneys know the catastrophic and often fatal injuries caused when passenger vehicles are involved in a Florida trucking accident.

Underride guards are not protecting occupants in vehicles that rear end tractor-trailers, according to a report from the Insurance Institute for Highway Safety (IIHS). Often severe injuries, including death from decapitation, happen when the underride guard isn’t strong enough to withstand the impact from the vehicle.

An underride guard is the less than sturdy pieces of metal that you see hanging under the back of a tractor trailer. The purpose of the guard is to stop a vehicle from riding under the trailer.

The National Highway Traffic Safety Administration (NHTSA) reported in 2008, that more than 4,000 large trucks were involved in deadly crashes. More than 4,200 people perished in those crashes and an additional 90,000 sustained injuries.

In Florida, of the 4,227 vehicles involved in fatal crashes in 2008, 269 were large trucks. When crashes involve two vehicles, large trucks are hit in the rear 3 times more than any other vehicle. Large trucks fatally colliding into other vehicles result in deaths in the other vehicle 74 percent of the time.

The IIHS evaluated 1,000 real crashes that occurred between 2001 through 2003. Of the 1,000 crashes, there were 115 involving a vehicle rear ending a tractor trailer. Of those 115 crashes, death to the occupant occurred 28 times. Catastrophic underride happened in 23 of the 28 cases where an occupant was killed. Underride did not happen in 25 cases.

Conducting its own testing the IIHS used three trailer guards that met current U.S. compliance standards. Two of the three trailers also met the stricter standards of Canada. The current Canadian standards far exceed the U.S. standards regarding strength and energy absorption.

Only one guard passed the crash test that involved a vehicle going 35 mph and hitting the guard dead center. The passing guard, which was one that met Canadian standards, kept the vehicle from going under the truck. None of the guards prevented underride when the vehicle hit the guard off center.

“Under current certification standards, the trailer, underride guard, bolts, and welding don’t have to be tested as a whole system. That’s a big part of the problem. Some manufacturers do test guards on the trailer. We think all guards should be evaluated this way. Underride standards haven’t kept pace with improvements in passenger vehicle crashworthiness. Absent regulation, there’s little incentive for manufacturers to improve underride countermeasures, so we hope NHTSA will move quickly on our petition,” says Adrian Lund, Institute president.
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Many Florida drivers find Spring Break traffic incredibly frustrating. It’s as if the tourism season goes out with a bang every year. The aggravation of sitting in traffic or dealing with motorist who don’t know where they are going is probably mounting. Just remember, aggressive driving behaviors lead to a higher risk of car accidents in Miami, Palm Beach, and elsewhere in the state.

Our Fort Lauderdale accident attorneys want to remind motorists to keep their cool in order to survive the next few weeks without incident.

A recent article in Yahoo News reported that aggressive driving and road rage can be controlled with education and the right amount of understanding.

The article gives two recent examples of how an aggressive driver caused serious bodily harm to another after a fit of rage. The first, a man punched a small woman who was standing in a parking spot as she saved it for her boyfriend, leaving the woman in a coma. Parts of her skull have been removed in order to reduce swelling. The second incident resulted in tragedy when a woman, after cutting in front of another motorist and began tapping on her brakes, was shot in a parking lot. Both drivers had pulled into the parking lot to settle the dispute when the second driver pulled out a gun and shot the driver who had cut her off.

Studies have shown that motorist react to aggressive driving behavior instead of just letting it roll off of them. Road & Travel Magazine reports the results of a survey. They found that 34% of drivers honk their horn, 27% yell, and 19% give the finger to an aggressive driver.

Another 17% flash their headlights. There were 7% of drivers who admitted to retaliating by doing the same aggressive behavior back to the aggressor, and 2% admitted to trying to run the other driver off the road after being a victim of aggressive behavior.

As humans, we all feel we have personal space of which we are territorial. Our vehicle is just an extension of that. So when another motorist cuts us off we feel our space has been invaded and the common reaction is to retaliate. The AAA study found that the inability to separate our feelings about the aggressor, congested roadways, or failing to obey traffic laws and signs all play a role in aggressive behaviors. Our mood, feelings of drowsiness, comfort level, and stress level also play an important role when it comes to road rage.

We have all been there, especially this time of year. State Senator Mike Bennett may have one possible solution to help reduce some incidents related to road rage. According to WTSP 10 News, the Senator has proposed a bill that would require drivers to stay out of the far left lane on two or more lane streets and interstates. Though the amount of the fine has not been determined yet, any driver who remains in the far left lane, with the exception of passing, would be fined. Secondly, the bill proposes that drivers who drive too aggressively around motorist who aren’t getting out of the left lane will also be fined. There are more than 20 other states that already have a similar law in place. Senator Bennett is hopeful that the new law would reduce road rage, reduce crowding on congested interstates, and lure motorists to be more courteous to other drivers if they know they will be fined.
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Whether you are spending the week in Florida for Spring Break or just making it a long 3-day weekend, motorists are reminded to celebrate responsibly. As we conclude our Spring Break 2011 series of related topics on teen drivers, distracted driving and drunk driving, we want to remind motorists to have fun and to stay safe.

Our Fort Lauderdale accident attorneys know that St. Patrick’s Day is mostly celebrated with green beer and pinches for those failing to wear green but coupled with the start of March Madness and Spring Break, it also signals the start of the busiest stretch of the year on South Florida roads and beaches.

St. Patrick’s Day, regarded as a public holiday, is celebrated on March 17th internationally. Here are a few interesting tidbits about the holiday itself:
-Originated as a Roman Catholic holiday and became an official feast day in the 17th century. Today, we know it as a celebration of the Irish culture.

-Saint Patrick was the patron saint of Ireland.

-Shamrock was a teaching method he used to explain Christian doctrine.

-The original color linked to St. Patrick was blue but over time evolved to green.

-Considered a celebratory day from the beginning, Saint Patrick’s feast day was celebrated as early as the ninth and tenth centuries.

-Tallahassee has been hosting an annual St. Patrick’s Day event since 1999. In 2010, the city hosted the first annual St. Patrick’s Day parade and Downtown Get Down.

Special events and holidays like March Madness and St. Patty’s day often lead to a lot of binge drinking by young adults. This year they both happen to fall during Spring Break.

The Centers for Disease Control and Prevention defines binge drinking as a period of drinking that brings an individual’s blood alcohol concentration level (BAC) to .08 or above. Typically it takes males 5 drinks in 2 hours to get to that level and females need to consume 4 drinks in the same amount of time. Binge drinking is common in college age students up to age 26.

In an effort to prevent drunk driving, Florida Highway Safety and Motor Vehicles offers the following safety tips:

-Young adults on medicine should read the warning labels on prescription medicine bottles before consuming alcohol. Certain side effects can inhibit your ability to drive even if consuming only one alcoholic beverage.

-If you are out with friends, take the keys of the driver if they begin to consume alcohol.

-Designate a driver before you leave. If no driver is designated and everyone is drinking call a taxi or take public transportation to get everyone in the group home safely.

-If you suspect someone driving under the influence call *347 on your cell phone to report the driver.

Young adults need to know their limit for alcohol consumption. Binge drinking can lead to serious injury or even fatality not only in car accidents but in other personal injury accidents like drowning or acts of violence. Be responsible and in control at all times in order to avoid these kinds of accidents.
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Daytona Beach plays host to half a million bikers and motorcycle enthusiasts each year as Bike Week begins March 4th and runs through March 13th. And to think this all started back in 1937 when the first motorcycle race took place on a 3.2 mile beach and sand course.

Though participant’s young and old have a great time our Palm Beach injury attorneys and Fort Lauderdale motorcycle accident lawyers know the grim side to the festive 10-day event. Back in 2006 a record 21 bikers lost their lives during the event or driving to or from it.

It is likely the recent accident in Orlando that closed Florida’s Turnpike as reported by
My FOX Orlando was a rider traveling to the event.

The horrific crash occurred just south of Orange Blossom Trail around 6 p.m. Wednesday night involving a motorcycle and tractor trailer. When emergency services arrived at the scene they found the motorcyclist trapped under the axel of the massive truck. A heavy duty wrecker was called to the scene to lift the truck off the victim.

The rescue effort took 70 minutes to extricate the victim from under the truck, who was then flown by helicopter to Orlando Regional Medical Center. All of Florida Turnpike’s southbound lanes were closed for almost 3 hours until the accident was cleaned up.

In 2008, the National Highway Traffic Safety Administration reported 5,290 fatalities and 96,000 injuries to motorcyclists. Florida ranked 2nd in motorcycle fatalities with 523, California was 1st with 537.

We should always be mindful of motorcycles on our roadways, ABATE of Florida Inc. offers this advice:
-Expect to see motorcycles, constantly check for them as you would for pedestrians.
-Before you pull out or turn at an intersection check multiple times for motorcycles.
-Don’t tailgate a motorcycle.
-A vehicle has many blind spots, turn your head to see what is around you.
-Motorcycles are typically painted in dark colors and don’t stand out due to their size so don’t rely solely on mirrors to spot them riding around you.
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