Articles Posted in Auto Accident

Is Florida behind the times when it comes to texting laws, or is Congress to blame for the lack of a federal law when it comes to texting while driving in the state? Regardless, texting while driving is an overwhelming concern and the cause of many distracted driving accidents in West Palm Beach, Fort Lauderdale, and elsewhere is South Florida.

A recent article in St. Petersburg Times has our Fort Lauderdale personal injury attorneys wondering who to point the finger at considering 30 states already have texting-while-driving bans in place.

Over the last four years, lawmakers have had multiple bills introduced to ban texting in Florida, and after each session the bills have been denied. Understanding the process may bring it into perspective a little better.

Hundreds of bills are filed each year by state lawmakers but only about 10% make it through to committees, get voted on in both chambers, and signed into law by the governor. Typically, the bills that make it through have one or many of the following factors contributed:

-Affects public safety or financial crises.
-A strong lobby who petition for the bill.
-Emotional pull behind the bill.
-Powerful political leaders standing strong and in support of the bill.

Bills need to make it past the initial step, which is a committee headed by someone appointed by the House Speaker and Senate president. Dozens of bills introduced to regulate texting and cell phone use while driving have been introduced from 2007-2010 but none have made it past the first step.

Lobbyist don’t get paid to push a bill like texting, so therefore, don’t. Texting bans need a strong lobby behind them in order to get attention. There is some hope as AAA and solid waste companies are finding it to be a safety issue for the employees who ride on the back of trucks. Much attention gets placed on issues like the environment, health care, and insurance because they all have to do with financial affairs. The telecommunications industry has had a strong voice from petitioners in the past, and continues to rule the roosts, so to speak, when it comes to killing bills.

Due to the economic crisis we are in, texting bills often get swept under the rug because they have no emotional pull. Issues like state deficits or property taxes rising take precedent over distracted driving bills despite recent studies showing they are a cause of 25% of total traffic accidents.

Once again, texting-while-driving bills have been assigned to three committees in the House and Senate for the upcoming legislative session. To date, no hearings have been scheduled. Most believe this could be the year, but as in previous years, that point is up for debate.
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Our Fort Lauderdale accident lawyers frequently report about the risks of car accidents in intersections if motorists don’t proceed through them with caution. Many motorists speed through intersections, especially if the traffic signal is yellow, causing a high risk for a West Palm Beach car accident or pedestrian accident.

In 2009, almost 21% of total fatalities occurring on U.S. roadways were at intersections, according to a recent report by U.S. Department of Transportation Federal Highway Administration (FHWA). Intersections are considered one of the most complex traffic situations due to the fact that you have different crossings and entrances from both drivers and pedestrians. Paying attention and knowing who has the right of way plays a key role in avoiding intersection-related accidents.

There were over 4,500 fatal crashes in 2009 at U.S. intersections with traffic control devices according to the Fatality Analysis Reporting System used by the National Highway Traffic Safety Administration (NHTSA). Florida reported 289 fatalities at intersections with a traffic signal, and another 198 fatalities at intersections with stop signs in 2009.

NHTSA reported 51 intersection or intersection-related fatalities in Broward County for 2009. This number is reduced substantially from the previous 4 years where the average death at intersection crashes was 85.5 per year from 2005 to 2008.

Palm Beach County reported 61 crash fatalities at intersections in 2009. Though the average from 2005-2009 was slightly lower than Broward County, the highest number of fatalities at intersections in Palm Beach County was in 2007 when there were 93 deaths reported.

Red-light runners are often the biggest culprit in causing intersection crashes. One solution many large cities are testing, as we recently posted on our Fort Lauderdale Car Accident Attorney Blog is the impact of red-light cameras when placed at intersections.

Studies are showing red-light cameras are reducing the number of fatalities occurring in intersection-related accidents.

Organizations like FHWA, NHTSA, AAA, the Institute of Transportation Engineers (ITE), and American Association of State Highway and Transportation Officials are making a valiant effort to recognize intersections as a safety issue. Together they are combining resources to make a difference and help reduce the problem. Over the last 25 years, death tolls at intersections haven’t really changed much despite more refined measures of traffic control devices. A need for improvement still remains throughout the entire country to reduce the number of deaths occurring in intersection or intersection-related crashes
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As students in cold-weather climates begin to make their plans for Spring Break, Florida motorists are reminded, it’s that time of year again. Florida remains a hot spot for spring break itineraries which can only mean there will start to be an influx of young tourists on roadways the next few months.

As we continue on with our series of topics related to driver safety from President’s day through Spring Break, we focus on drunk driving. Other related topics are speeding, aggressive driving, distracted driving, teen and elderly driving.

Drunk driving is a dangerous behavior year around, but especially this time of year when you have so many students descending upon South Florida. Our Fort Lauderdale personal injury lawyers hold their breath this time of year as they see the frequency of South Florida drunk driving accidents rise.

In 2009, the National Highway Traffic Safety Administration reported that drunk driving claimed the lives of more than 10,000 motorists. Nationally, 32% of traffic fatalities for the year were alcohol related.

Florida was over the national average, reporting 904 fatalities, or 35%, where at least one driver tested with a .01 BAC level. Alarmingly, 21% of fatalities occurred in Florida when the driver tested at a level of .15 or higher which is almost double the legal limit.

The Fatality Analysis Reporting System used by the NHTSA reported March as the second most dangerous month when it comes to crashes involving alcohol.

Spring Breakers are reminded of the following safety tips that can keep Florida roadways safer:

-Know your limit. Too much alcohol consumption can only lead to bad things so know when you have enough.

-Designate a driver if you plan to bar hop with a car. Law enforcement is on high alert during the months of February-April and getting caught driving under the influence has serious consequences. Not to mention the dangers.

-Refrain from engaging in dangerous situations in a car, bar, or bedroom where alcohol is involved.

-Recognize the symptoms of alcohol poisoning. Seek medical attention immediately if symptoms are detected.

-Never accept a drink from someone you don’t know.
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The odds are probably pretty good that you will come across some aggressive drivers this time of year on Florida roadways. The highly populated streets and highways bring out the worst behaviors in drivers, which frequently leads to a car accident in Fort Lauderdale.

Our West Palm Beach personal injury attorneys want to remind Florida motorists about the dangers faced on busy roadways this time of year. This week we publish a series of blogs about speeding, distracted driving, drunk driving, teens and elderly drivers.

Speeding was the first topic of our series posted on our South Florida Injury Lawyers Blog.

Aggressive drivers are considered dangerous because they often behave in an assertive or bold manner without regard for other motorists on the roadway. Port St. Lucie officers may have a solution for keeping some of these aggressive drivers in check, according to a recent article in TC Palm. Two new ‘ghost cars’ with covert markings and concealed lights have been implemented in Port St. Lucie after the police department received $148,000 to update technology and equipment.

The $56,000 allocated toward the new vehicles used to nab aggressive drivers is well spent considering these offenders are the most complained about to city police. Offenders are cited on their ticket as ‘aggressive,” often prompting judges to assign higher fines or require defendants to enroll in an aggressive driving course.

From 2003 through 2007, a study reported by AAA Foundation indicated that speeding, failure to yield right of way, and reckless/careless/erratic driving were the 3 leading aggressive-driving behaviors that led to motor vehicle crashes. Other notable aggressive behaviors leading to crashes in the study were failure to obey traffic signs, making illegal turns, and passing inappropriately.

Florida Highway Safety and Motor Vehicles reported a total of 1,964 fatalities in crashes for 2009 in Florida. Similar to the above study, careless driving, failure to yield right of way, and speeding were all leading contributors in Florida crashes for that year. Almost 20% of crashes were due to careless driving.

There is no doubt that aggressive driving behavior can lead to fatal crashes. If you feel you have aggressive tendencies, Florida Safety Council offers an aggressive driving program geared towards teaching motorist to be less aggressive when behind the wheel. The eight-hour course is divided into multiple sessions and focuses on accepting responsibility for your own actions, as well as learning and maintaining safe driving behaviors.
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President’s Day has arrived and that can only mean one thing for Florida drivers. We are officially in high-traffic season so motorists should be extra cautious on the roadways to avoid a West Palm Beach car accident.

This time of year brings heavy traffic, which can lead to more speeding, distracted driving, drunk driving, and aggressive driving. Our Fort Lauderdale personal injury attorneys are publishing a series of blogs about the risks involved with these kinds of driving behaviors, as well as the dangers faced by teens and the elderly drivers on our roads this time of year.

A crash is only considered speed-related if the driver is charged with speeding or the officer finds that racing, driving over the speed limit, or driving too fast under the conditions were causes for the crash. Vehicles traveling at high speeds kill, as most recently evidenced in a Tampa Bay crash when a bicyclist was killed by a speeding black Ford as reported by WTSP. Witnesses have indicated that the driver of the Ford may have been racing another vehicle at the time of the tragedy.

The National Highway Traffic Safety Administration has reported a decline in the number of fatal speed-related crashes in the last decade. Still, statistics consistently show that about 30-32% of fatal crashes involve speeding over the 10-year span.

In 2009, 10,591 lives were lost in speed-related crashes in the United States.

In 2008, Florida had a total of 2,978 traffic fatalities according to NHTSA of which 553 were considered speed-related traffic fatalities.

In 2009, Florida recorded a total of 479 fatal crashes killing 1,068 people in speed-related crashes according to the Fatality Analysis Reporting System used by NHTSA.

The months of February, March, and April were clearly the most tragic (with the exception of August) according to the FARS report for 2009. During these three months, there were a total of 150 speed-related crashes which translates to 31% of these types of crashes occurring in February, March, and April. These three months also reported the most fatalities in speed-related crashes, totaling 337 (31.5%).

It’s evident that this time of year becomes more dangerous for Florida motorists due to the number of vehicles on the roadways. Speeding can increase your chances of a Fort Lauderdale car accident o slow down and be safe.
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A fatal Florida car accident killed a 79-year-old Central Florida woman last Sunday and sent three other people – a two-year-old among them – to the hospital, the Ocala Star-Banner reports. The mid-morning crash occurred when a 1995 Mercury Topaz drove through a stop-sign intersection and struck the right-front side of a 2006 Volvo XC90. The crash happened in heavy fog.

Our Palm Beach personal injury lawyers know that side-impact crashes were responsible for nearly 1-in-3 car accident fatalities in the U.S. in 2009. In Florida alone, the Florida Highway Safety and Motor Vehicles reports, drivers were involved in 679 fatal side-impact Florida car accidents that injured 62,140. Side-impact crashes were responsible for 22 percent of fatal Florida crashes and almost a quarter of injury accidents in 2009.

With that in mind, a recent report by the Insurance Institute for Highway Safety indicated that thanks to contemporary vehicle design and air-bag and safety restraint technology, drivers in a vehicle where driver-side impact protection is rated “good” are 70 percent less likely to die in a side-impact crash than a driver in a vehicle rated “poor”.

The IIHS rating system is calibrated by measuring a number of crash factors – impact and injury data collected from test dummies, vehicle intrusion (crumpling or caving) at impact and after, and head protection. To establish the rating, a vehicle is struck on the left side by an object roughly the size, weight and shape of a SUV traveling at 31 m.p.h.

According to Automobile, while having side airbags is important, it is really the structural integrity of the vehicle that absorbs the energy generated by a driver-side impact car accident. The reason side-impact crashes are so deadly is because the side of most vehicles are panels of little substance, so when intrusion happens there is little to pad impact to the pelvis, torso and head of the driver.

Both the IIHS and the National Highway Traffic Safety Administration conduct rigorous crash testing each year upon a host of passenger vehicles, from small SUVs to minivans to large cars. Both publish ratings for consumer reference that include side- and head-on impact, rollover and rear-impact crash data along with evaluations of crash aversion, safety restraint and air bag technology common in newer vehicles.
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Our Fort Lauderdale personal injury attorneys are closely monitoring House Bill 177, filed last week by co-sponsors Rep. Jeff Clemens (D-Lake Worth) and Sen. Mike Bennett (R-Bradenton). The bill targets drivers who hang out in the passing lane and prevent come-from-behind encroaching traffic from moving ahead by refusing to move to the right, the Destin Log reports.

And yes we hear your cheers!

Dubbed the “lane courtesy” bill by state lawmakers, the goal of the bill is three-fold: to prevent incidents of road rage (we’ve all been there), to diminish the number of potentially traffic crippling congestion flashpoints, and to reduce risk of motorist involvement in a serious or fatal car accident in Fort Lauderdale and elsewhere in Florida.

HB 177 provides for two exceptions. Drivers may remain in the passing lane if they are not crimping the traffic flow; and when conditions prevent them from changing lanes. Currently 37 states have enacted laws that tap into some variation of the don’t-blow-the-flow proposal.

The bill also ups penalties for aggressive (careless) drivers who commit a hat-trick of citable offenses, such as speeding, tailgating and dodging in-and-out of traffic. Funds generated by these fines will be channeled into driver education and emergency medical services funds.

Just days after the bill was filed, two teens were killed and three more injured in a deadly fatal Debary car accident that has been linked to aggressive driving, WESH-2 Orlando reports.

The AAA Foundation for Traffic Safety defines aggressive driving as, “…deliberate, likely to increase the risk of a collision and is motivated by impatience, annoyance, hostility, and/or an attempt to save time.” Examples include: speeding, tailgating, and running traffic signals or stop signs.

In 2009, the Florida Highway Safety and Motor Vehicles reported there were 386 fatal Florida car accidents linked to careless driving that left more than 49,500 injured. Failure to yield right-of-way caused another 205 fatal Florida crashes that injured 21,891. Combined, drivers cited for improper lane changes, turns and passing, excessive speed, tailgating and other careless acts were tied to an additional 401 fatal wrecks that injured 24,134. In short: aggressive driving behaviors were linked to nearly 1,000 fatal Florida car accidents that injured more than 73,000 motorists in 2009.

According to the National Highway Traffic Safety Administration, an aggressive driver is one who regularly tailgates, dodges in-and-out of traffic, speeds, and runs red lights. Additional signs include being frequently distracted and often frustrated behind the wheel. To avoid a bout of road rage, drivers should be sure to give themselves plenty of time to reach their destinations, drive the posted speed and try to relax.

If you encounter an aggressive driver, NHTSA recommends simply getting out of their way. Save the eye contact and angry gestures (and the urge to retaliate) for later. Don’t enflame their aggression, avoid it.
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A recently released joint report from State Farm Insurance Companies and The Children’s Hospital of Philadelphia (CHOP) remind us all of the impact of teen driver crashes. These crashes affect the teen driver and their families but let’s not forget about their victims.

Our Fort Pierce accident attorneys encourage teen drivers to get as much education as they can on the dangers of driving. Studies continue to show parental involvement can significantly reduce a teen’s risk of being involved in a serious or fatal crash.

This is an issue we all need to care about, as illustrated by the statistics from 2008 by the National Highway Traffic Safety Administration. A total of 2,739 teen drivers were killed in traffic crashes; another 1,654 passengers in the teen driver’s vehicle were also killed. Additionally, 1,518 died that were occupants of other vehicles involved in teen driver crashes and finally 517 deaths were of non-occupants.

Added up, 3,689 lives were ended by teen drivers, affecting equally the same number of families with victims in these crashes. This doesn’t include the teen driver’s causing the crash.

In Florida, 195 teen drivers died in 2008, which caused the death of another 321 people that were either occupants of the teen vehicle, occupants of another vehicle or non-occupants.

Data for Miles to Go: Establishing Benchmarks for Teen Driver Safety was gathered from varied federal data sources and determined 11 indicators to assist safety practitioners and policy makers in assessing progress regarding teen driving safety.

Four key behaviors were the researchers focus. These behaviors included speeding, distractive driving, alcohol use and not wearing a seat belt. The report indicated that car crashes cause more teen deaths than suicide, homicide or cancer.

Inexperience is the leading cause of these crashes and could be greatly improved by stronger Graduated Driver Licensing laws. These laws allow young drivers to practice driving in low risk conditions with supervision, in stages, to gain experience. In 1996, Florida was the first state to have a Graduated Driver Licensing (GDL) program. Statistics have shown that such programs can reduce teen crashes by up to 21%.

Though Congress established a National Teen Driver Safety Week in 2007 (annually held the 3rd week in October) teen driving education needs to take place year round with emphasis on the dangers of alcohol use, speeding, distracted driving and failure to wear a seat belt.

Recently the federal government’s Healthy People 2020 plan was expanded to include a 10% decrease in teen fatalities and increase seat belt use by 10%. This joint report will help greatly in monitoring the plan’s progress.
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Our Port St. Lucie accident attorneys remind you to stay focused while driving to prevent a serious accident in Fort Pierce or the surrounding area.

U.S. Transportation Secretary Ray LaHood just attended an event celebrating the one-year anniversary of FocusDriven. This organization is the first of its kind dedicated to helping victims of distracted driving. Others in attendance included FocusDriven President Jennifer Smith, representatives from Safeway and the Network of Employers for Traffic Safety (NETS) and family members of distracted driving victims.

In 2009, the National Highway Traffic Safety Administration reported almost 5,500 people died and just under 450,000 were injured in crashes involving a distracted driver.

“Distracted driving is a deadly epidemic and when it comes to road safety, we will not take a backseat to anyone,” said Secretary LaHood. “That’s why distracted driving will continue to be a major part of DOT’s robust safety agenda. Together with advocates like FocusDriven and NETS, and employers like Safeway, we can put an end to this deadly behavior and save lives.”

The newest “Faces of Distracted Driving” video was shown, illustrating the devastating effects of cell phone use while driving. Also unveiled by FocusDriven President, Jennifer Smith, was a new 30-second public service announcement “5500 campaign”, which shows hundreds of pictures of victims killed by distracted driving.

The government estimates at least 5,500 people a year are killed in distracted driving accidents.

“In our new PSA, we want to remind people that each and every distracted driving fatality is someone’s loved one, and that person’s family is in tremendous pain,” said Smith. “Our new campaign will urge the public to put down the phone and focus on the drive. We cannot wait until others are killed or injured to take action. The statistics show that it’s no longer ‘if’ someone you know will be affected by distracted driving, it’s ‘when.’”

Shannon Campagna, Vice President of Federal Government Relations for Safeway grocery stores, announced the anti-distracted driving policy for all truck drivers of Safeway. Truckers are now forbidden from using hands free devices, texting or talking on a cell phone while driving.

“The safety of our employees, customers and residents in the communities where we operate is and always has been of the utmost importance to Safeway,” said Campagna. “This policy not only helps keep our employees and customers safe, but we believe it is a good business practice as it ensures that our products arrive safely and on-time. Implementation of policies limiting use of phones and mobile devices by more private companies will help minimize distractions for drivers and keep Americans on the road safe and healthy.”

Results were announced from Bill Windsor, Chairman of the Network of Employers for Traffic Safety (NETS), on their 2010 Drive Safely Work Week (DSWW) campaign. This promotion, encouraged employers to have anti-distracted driving employer policies in place. This campaign reached over 20 million U.S. employees from 5,000 organizations. To date, 88% of the organization have or will have a cell phone policy in place within the year.

“Employers can make a real difference in keeping their associates safe both on and off the job by educating them about the dangers of distracted driving and adopting policies to prevent it,” said Windsor.
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Large trucks are less maneuverable, have large blind spots, take longer to stop and they accelerate more slowly than other vehicles. Extra caution needs to be taken when driving around them to avoid a West Palm Beach trucking accident.

The Sun Sentinel reported a multi-vehicle crash on I-95 last Friday morning trapping a state trooper inside his patrol car.

The trooper was parked on the median conducting a crash investigation when his car was hit from behind. A dump truck had sideswiped a car that sent it into the trooper’s car. The trooper was trapped in his vehicle for almost 30 minutes and was taken to the hospital with serious injuries.

The dump truck driver was found later and was charged with leaving the scene of the accident and property damage. The crash caused an estimated $30,000 in damages.

The National Highway Traffic Safety Administration reported in 2008 that Florida had 4,227 vehicles involved in fatal crashes, 269 were large trucks. Nationally 380,000 large trucks were involved in accidents, causing 90,000 injuries and 4,229 deaths.

Progressive Insurance offers these safety tips when driving near large trucks:

-Large trucks have blind spots and the drivers have limited visibility behind the truck and along side it. Make sure the driver can see you; if you can see the driver or their mirrors then you are visible to the driver.

-If you are passing a truck or changing lanes, leave plenty of space between your vehicle and the truck once you are in front of it. A good rule to remember is to see the entire cab of the truck in your rear view mirror before getting into their lane.

-Pay attention to the truck driver’s turn signal. Large trucks usually need to make wide right turns. So it is not a good idea to try to pass a truck if their right turn signal is on.

-When trucks have light loads or on windy days their trailers can sway into your lane. Try not to drive for any length of time next to a large truck. Trucks can have tire blowouts sending treads all over the road. This added danger makes it important to keep a safe distance from the truck in case this happens to avoid the flying debris.

-Never get aggressive with a large truck. Braking suddenly or cutting a truck off is extremely dangerous. If a truck is being aggressive towards you, either get off at the next exit or slow down and let them pass by.

-The best way to remain safe driving next to large trucks on Florida roadways and interstates is to maintain patience and use extra caution.
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