Articles Posted in Auto Accident

The Governors Highway Safety Association (GHSA) recently announced that pedestrian fatalities increased during the first 6 months of 2010.

After 4 consecutive years of steady decline the slight increase in pedestrian accidents is a concern to our Fort Lauderdale accident attorneys. Traffic deaths were down considerably during this same time period.

The report was done by an independent researcher, Dr. James Hedlund, who used to work for the National Highway Traffic Safety Administration (NHTSA). This new study Spotlight on Safety: Pedestrian Traffic Fatalities by State focuses on state-by-state pedestrian deaths, which is the first of its kind.

According to the report there have been 7 more pedestrian deaths during the first 6 months of 2010 than the previous period last year. Since 2005 there has been an average drop in fatalities of 200 each year. During this same 6-month period, traffic deaths decrease by 8%.

GHSA Chairman Vernon F. Betkey Jr. notes, “Nationally, pedestrian fatalities account for about 12 percent of overall traffic deaths, a small but significant portion. Given that we have made so much progress in this area, GHSA is concerned to see this reversal. One factor may be the increased distractions for both pedestrians and drivers. Anyone who travels in a busy city has seen countless pedestrians engrossed in conversation or listening to music while crossing a busy street. Just as drivers need to focus on driving safely, pedestrians need to focus on walking safely – without distractions.”

Interesting facts from the report (Washington D.C. was counted as a state):

-28 states had pedestrian deaths decline.
-18 states had pedestrian deaths increase.
-5 states had no change.
-8 states had a double digit increase in pedestrian deaths including: Arizona (up 21), Florida (up 35), Massachusetts (up 11), Michigan (up 10), North Carolina (up 17), Oklahoma (up 16), Oregon (up 18) and Virginia (up 10).

The report suggested these measures to improve pedestrian safety:

-Allocate appropriate resources to make pedestrian safety a priority.

-Examine crash data to recognize pedestrian problem areas.

-Engineer roadways to be more pedestrian friendly, add crosswalks and roadway space.

-Continue to educate the public about pedestrian safety.

-Strengthen laws regarding pedestrians in crosswalks.
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The government is seeking help from the automakers in the fight against distracted driving, Reuters.

Despite having ownership in General Motors and Chrysler, the government is treading lightly in their request to manufacturers. Meanwhile, with each new model year comes more in-dash computers, satellite radios and GPS devices. Unfortunately, these ‘extras’ increase the risks of motor vehicle crashes when drivers get distracted trying to work the units.

Driving is difficult enough at times with all the exterior distractions causing West Palm Beach car accidents. Vehicles coming fully equipped with gadgets inside the vehicle only gives drivers more of an opportunity to get distracted.

Florida is one state who remains without any sort of distracted driving laws as detailed by Governors Highway Safety Association. There is no law against talking or texting on your cell phone while driving. Though only a handful of states have banned hand-held cell phones from all drivers, the majority have banned cell phone use for novice drivers under age 18.

Florida is not one of these states. There are 30 states that have banned text messaging for all drivers. All but 4 of these states consider it a primary offense– thus allowing drivers to be pulled over for that reason alone.

Some states allow specific localities to pass their own distracted driving laws. Florida is a state that prohibits localities from enacting such laws.

The most recent crash statistics seems to warrant the government’s concerns about distracted driving. Last September, the National Highway Traffic Safety Association announced there were 5,474 fatalities and 448,000 injuries in distracted-driving-related motor vehicle crashes in 2009.

Data showed cell phone usage was reported as a distraction in 18% (995) of these fatal crashes. For 2009, 16% of all fatal crashes reported distracted driving, as well as, 20% of injury crashes. In 2005, 10% of crashes were distraction-related.

Over the 5-year span from 2005-2009, the overall crashes were significantly lower (39,252 down to 30,797) but distraction-related crashes increased from 10% in 2005 to 16% in 2009.

Fatalities from distracted driving crashes were similar, increasing from 10% (4,472) in 2005 to 16% (5,474) in 2009.

In 2010, bills that would limit Florida drivers’ use of cell phones were rejected or ignored. State representatives in Florida have filed a distracted driving bill to be addressed in the upcoming March 2011 legislative session. The hope is to pass a bill that prohibits Florida drivers from texting, emailing, or instant messaging while behind the wheel.
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On average, there were 646 Florida car accidents a day on state highways and byways in 2009. That adds up to 235,779 Florida car accidents that killed 2,563 and injured 197,214, the Florida Department of Highway Safety and Motor Vehicles reports.

Almost 40 percent of 2009 Florida fatal car accidents were linked to alcohol. Another determining risk factor was age — with seniors and teens most at risk. Our car accident lawyers in Fort Pierce and Fort Lauderdale understand these risks and encourage families to speak with drivers, young and old, about the importance of making good driving decisions.

As expected, our youngest least experienced drivers – aged 15 to 19 – are the most likely to be involved in a Florida car accident. With that said, it is drivers in the 20 to 24 age range who had the highest number of fatal Florida crashes. In 2009, 80 teen drivers and 73 teen passengers were killed in fatal crashes. Another 19,000 were left injured.

The National Highway Traffic Safety Administration reports that car accidents remain the leading cause of death among American teenagers; claiming more than 5,000 teen lives annually. The NHTSA estimates that every 24 to 48 hours a teenager is killed in a fatal car accident.

Partly to blame is the driver inexperience and the impulsiveness that accompanies youth. To address this issue, the NHTSA recommends that states adopt a Graduate Driver Licensing program so our more inexperienced drivers can ease into the responsibility of driving on Florida roads.

Teens are also far less likely to buckle up, which increases their chances of being seriously or fatally injured in the event of an accident. They are also more likely to mix alcohol and driving with deadly consequences. On average, alcohol is responsible for the death of one in three drivers aged 20 and younger each year.

At the other end of the highway, so to speak, Florida has a significant senior driver population, as does the nation. In 2008, there were 34 million Americans aged 65 and older; most all of them licensed drivers. The NHTSA reports that older drivers are less likely to drink and drive than other age groups. They are also most likely to wear a seat belt.

With that said, what older drivers make up for in experience, they lose to diminished vision and hearing ability and slower response/reaction times. Knowing when and how to talk about implementing a restricted driving plan with an elder loved one can be a challenge that should be handled with empathy and respect. One that NHTSA urges families and friends to plan for and implement to life-saving effect.

The NHTSA provides the following data regarding 2008 totals for fatal car accidents by age group. Florida ranks first in the nation for the number of drivers aged 70 and older involved in fatal crashes. Texas ranks second, and California, third. Out of 37,261 fatal car accidents nationwide in 2008, the NHTSA offers the following statistics:

~ Drivers aged 16 to 20: Texas leads with 571 drivers linked to fatal crashes, followed by California with 516 and Florida with 430.

~ Drivers aged 55 to 69: California leads with 646 drivers linked to fatal crashes, followed by Texas with 606 and Florida with 569.

~ Drivers aged 70 to 74: Florida leads with 113 drivers linked to fatal crashes, followed by Texas with 99 and California with 84.

~ Drivers aged 75 to 79: Florida leads with 101 drivers linked to fatal crashes, followed by California with 84 and Texas with 69.

~ Drivers aged 80 to 84: Florida leads with 69 drivers linked to fatal crashes, followed by California with 63 and Texas with 58.

~ Drivers aged 85 and older: Florida leads with 62 drivers linked to fatal crashes, followed by California with 59 and Texas with 33.
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One in 5 Fortune 500 companies have banned employees from using cell phones while driving for work, according to a new study by the National Safety Council.

The risk of a distracted driving car accident in Fort Pierce, Fort Lauderdale or the surrounding areas is particularly acute because Florida is one of a dwindling number of states that has no law preventing drivers from using cell phones or text messaging while driving. In fact, the Governors Highway Safety Association reports eight states have banned the use of hand-held cell phones altogether, while 30 states have banned text messaging by drivers.

Our personal injury lawyers in Hollywood, Margate and Coral Gables applaud companies who have taken proactive measure to protect employees who travel as part of their jobs. The Bureau of Labor Statistics continues to report that car accidents are a leading cause of fatal on-the-job accidents. In 2009, a total of 1,682 employees were killed in transportation accidents, accounting for nearly 4 in 10 of all job-related deaths in the United States.

The NSC reports that the results of its two-year effort aimed at employers is starting to show, however, cell phones remain the number one distraction inside vehicles.

“In January 2009, NSC called for a ban on all cell phone use while driving because research identified the behavior as dangerous. A driver is four times as likely to crash while talking on a cell phone while driving,” said Janet Froetscher, president and CEO of the Council. “Now, in 2011, our call to action is getting results, and our nation’s top employers are taking steps to protect their employees and communities in which they operate by implementing total cell phone bans.”

The NSC reports nearly one-fourth of the nation’s car accidents involve cell phones and permitting cell phone use by employees who drive as part of their job can open a company to significant liability. Situations in which an employer has been held liable include:

-During work hours and outside typical work yours.

-To and from work appointments and for personal reasons.

-In either a personal vehicle or a company-owned vehicle.

-While on the phone for either personal or business reasons.

-Using either an employer-provided phone or personal cell phone.

-Using both hands-free and hand-held devices.
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NPR reported the tragic story of a young mother who was killed in an accident caused by a common pothole.

Our Palm Beach wrongful death attorneys and personal injury lawyers understand that an accident can be caused by many factors in addition to the carelessness of another driver. Potholes and deteriorating roads are one common cause. Missing guardrails, malfunctioning traffic signals, poor road design and obtrusive vegetation are also common causes. In still other cases, poor road design and lack of proper maintenance can either increase a motorist’s risk of an accident or increase his or her risk of serious or fatal injury when an accident occurs.

In such cases, a local government or homeowner’s association can be held liable for damages. In this case, the woman was riding with her family along a stretch of Interstate 20 in South Carolina that was covered with ruts and crumbling concrete. A passing car turned a chunk of concrete into a projectile that flew through the windshield and struck her in the head.

The 33-year-old woman died the next day.

Bloomberg reports Florida is facing a $3.6 billion deficit. Other states, including Illinois, have reacted this week by passing drastic tax increases. Many changes are afoot in Florida. The state has a new governor. Many local city and county governments are struggling financially and well on their way to sneaking up behind voters to grab their wallet through increased taxes and higher fees. In some areas, charges to victims in need of emergency medical service are either being instituted or increased, despite the fact that those same taxpayers pay to operate the fire departments in the first place.

And, of course, many builders and planned communities have fallen on hard times, often leaving communities partially built, without sidewalks and, in some cases, without roads or with roads that are increasingly in a state of disrepair.

NPR reports 145 lives could be saved over a 10-year period for every $100 million in road and maintenance improvements. When a motorist is injured or killed because of a defective road, he or she is entitled to collect payment for medical bills, lost wages and other damages.
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CNN reports that seat belt use among adults has reached an all-time high of 85 percent, compared to just 11 percent in 1982. But, with the announcement by the Centers for Disease Control and Prevention, safety advocates acknowledge that much more needs to be done.

Our Fort Pierce car accident lawyers are often called to fight for a client who has been seriously injured or killed in an accident, whether or not he or she was wearing a seat belt. Seat belts unquestionably save lives. And, of course, we have all heard of the cases in which a motorist was saved in circumstances where not wearing a seat belt was to his or her advantage. Those injured in an accident through the negligence of another driver, can fight to collect damages whether or not a seat belt was in use at the time of the crash.

This latest report found 1 in 7 adults still fail to use a seat belt, despite the fact that health officials contend that wearing a seat belt cuts the risk of serious or fatal injury in half.

Those living in states with primary seat belt laws — which permit an officer to pull a vehicle over and ticket those not wearing seat belts — enjoy the highest compliance rate at 88 percent.

A Florida seat-belt use study in July 2009 found an 85.2 percent compliance rate statewide. That’s up significantly from the 61.6 percent rate found in 1993.

That report found men were slightly less likely to buckle up than women, by a rate of 83.9 percent to 89.3 percent.

Florida County seat belt usage rates:

Broward: 87 percent
Miami-Dade: 87.1 percent
Palm Beach: 87.7 percent
Orange: 84.3 percent

The study also found that those in pickup trucks were significantly less likely to wear their seat belts than were those in cars or other passenger vehicles.
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Our Port St. Lucie injury attorneys encourage parents to make 2011 the year they emphasize the importance of safe teen driving, whether or not their teenager is old enough to drive.

Florida is one of 13 states that require young teens to pass three stages before getting their drivers license. The Graduated Driver’s License Program trains teens gradually to react to certain driving situations and allows them to mature over time in order to be safer drivers.

Since its inception, there has been a reduction in fatalities and the number of teen car accidents in Fort Lauderdale and elsewhere in South Florida. At age 15, teens get a learner’s license and upon meeting certain requirements move to the next stage of operational license. The last stage is the full license in which at age 18 a teen can apply for as long as they have met all the previous requirements in the first two stages.

The advantage of the GDLP is that teens learn and mature at the same time. Florida, ranked among the top in vehicle crash fatalities for all age groups according to the National Highway Traffic Safety Administration. In 2008, the NHTSA reported that Florida was ranked either 2nd or 3rd among all states in fatalities when a young driver was involved. Specific to the following: when someone between the ages of 15-20 was either driving, an occupant with another young driver, or a passenger of the other vehicle involved in the crash. Florida reported a total of 516 fatalities in crashes involving young drivers in 2008. These accidents accounted for 8% of fatalities in this age group in the United States.

According to a recent article in Yahoo News Safe Kids USA wants to do more to increase the safety of young teens before they approach the legal driving age in their state. Along with the help of General Motors Foundation, Safe Kids USA is introducing a new program called Countdown2Drive that will focus on educating young teens at the age of 13-14, as well as their parents, about the importance of safe driving and passenger habits.

Last year, over 350,000 teens were injured in passenger vehicle accidents. It is believed that if teens learn to become safe passengers, then that will carry through to when it is time to show safe driving skills.

The first year of driving is often the most critical for teens. The freedom of being able to do your own thing brings a great deal of excitement. But with programs like Countdown2Drive maybe the knowledge and maturity gained beforehand will begin to play a role in reducing the number of young driver fatalities that occur each year in Florida.
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Last January, South Florida drivers who owned Toyotas were in a frenzy with all the recalls due to the accelerator pedal sticking because of the floor mat. According to the Sun Sentinel over 2 million vehicles were being recalled because of the defect in some of Toyotas best selling models like RAV 4, Camry, Corolla, Avalon, and Highlander to name a few.

Our Port St. Lucie personal injury attorneys are happy to report that Toyota has agreed to settle the case with the federal government by paying record fines. At the same time we continue to warn South Florida motorists of the potential dangers in driving defective vehicles.

Toyota Motor Corporation has agreed to pay over $32 million in civil penalties to the Treasury Department’s General Fund for failure to recall two separate automobile defects in a timely manner. Toyota, one of the leaders in automobile manufacturing, has been under investigation by the National Highway Traffic Safety Administration for a “sticky pedal” defect as well as a faulty steering rod defect.

The first investigation for floor mats obstructing the accelerator pedal ended with a $16.375 million fine. Toyota recalled approximately 5 million vehicles in total for the malfunction of floor mats affecting the gas pedal forcing the car to accelerate undesirably. The company was found at fault for not recalling the defect within 5 days to the NHTSA, which, by law, is required.

The second investigation involved the cracking of steering rods, which caused a loss of steering. Effected vehicles were recalled in Japan but not in the United States. In time, consumers reported a defect in their steering wheel in the United States, and Toyota was accused of not recalling the vehicles soon enough. The outcome resulted in Toyota Motor Corp. being fined $16.050 million for failure to report the defect in a timely manner and withholding information from the NHTSA.

Recently purchased vehicles are always under warranty when something goes wrong but it is the obligation of the automobile manufacturer to warn you of defects so that you can have your car repaired in a timely manner. If you fear that your vehicle has been recalled for a defect, you can rely on Safer car as a valuable resource to get recall information as well as the safety ratings for your car.
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As you take to the roads to visit friends and family this holiday season, be prepared, be patient and most importantly be alert. It only takes a few seconds to turn a holiday celebration into a tragedy that you or your loved one won’t ever forget.

At a time when traffic is at its peak, so are the number of Fort Lauderdale car accidents.

The Fatality Analysis Reporting System from the National Highway Safety Administration reported in 2009 there were 640 fatalities on Christmas and 1,079 fatalities on New Year’s (Eve and Day) nationwide. In Florida there were 74 and 91 on these days respectively.

The new year was short lived for this Florida driver as reported by this News Chief. Speeding was the contributing factor of this crash that killed the driver of the speeding vehicle as well as critically injured 5 others. They were all considered critical and fortunate to be alive because 4 out of the 5 injured were ejected from their vehicles.

In 2009 the National Highway Safety Administration reported that Florida had 535 fatal crashes due to speeding. It is extremely important this time of year to maintain the speed limit in order to reduce the risk of injury or even worse, fatality to you and other motorists on the road.

Make this a safer holiday season by remembering some simple tips:

-Don’t speed or tailgate. Being late is better than having an accident.

-Wear your seat belt.

-Make sure your vehicle is in good mechanical condition.

-Don’t drink in drive. If you do drink have a designated driver or stay overnight.

-Add on extra time for your trip to account for delays due to weather or traffic.

-If you are driving a long distance, take some breaks.

-Plan for vehicle break down by having things like flares, warm clothes, or flashlights.

-Don’t forget to charge that cell phone.
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Travel during and around the holidays is always a difficult time but what we aren’t prepared for is the craziness that holiday shopping brings since it really only happens a few weeks out of the year.

This is a time when parking lots are filled to capacity for those shoppers looking for the best deal or the last minute procrastinators. The risk becomes much higher for Florida shoppers who are involved in pedestrian accidents this time of year.

According to FARS (Fatality Analysis Reporting System), used by the National Highway Traffic Safety Administration to report fatalities, the months of November and December lend to the most pedestrian fatalities in the state of Florida. In fact, the NHSTA reported a total of 463 pedestrian fatalities in 2009, 113 of those fatalities occurred in November (55) and December (58). It is likely that these months rate highest because more pedestrians are out doing holiday shopping during these two months than any other months of the year. The rest of the year’s reported fatalities are almost half in comparison each month.

So if you find yourself out at the stores during busy times of the year, put yourself on high alert. Drivers are easily distracted with the excitement of buying gifts for loved ones while pedestrians may have just dealt with the frustration of having to wait in long check-out lines. When you get in a vehicle be extra cautious of the pedestrians moving around your vehicle.

November and December gives cause to both driver and pedestrian to triple check your surroundings before you take your first step or put your car into gear.

The Florida Highway Patrol has numerous tips to offer as you head out and about the next few months. The FHP wants everyone to be more cautious and aware in order to reduce the risk of injury or even worse, fatality.
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