Articles Posted in Auto Accident

Every day we find ourselves working hard, expending energy, trying to keep up. It’s no wonder that driving while you are tired has become a part of our daily routine. But through the busy Christmas and New Year’s holiday, it can be especially dangerous.

Our Fort Lauderdale car crash attorneys are experienced when it comes to handling cases where a fatigued driver gets on the road and is involved in a traffic accident.

Last year, Florida reported a total of 2,558 traffic fatalities according to National Highway Traffic Safety Administration . This is down 14% from the year before when 2,980 traffic fatalities were recorded. Broward was the second highest county in traffic fatalities recorded in 2009 at 189. This is not a trend we would like to continue in the future.

Though Florida is not a state that often reports traffic fatalities related to driving drowsy, they are the most recent state (18th) to pass a law that requires the state to now be more educated and promote awareness by dedicating a week in September to “Drowsy Driver Awareness”. Florida recently passed The RonShay Dugan Act as a result of an 8 year old girl who was killed while traveling on a school bus who was hit by a drowsy driver.

The terminology used seems to vary from state to state, but one fact still remains, driving when you are exhausted should warrant a big red flag. The NHTSA reports that there are approximately 100,000 traffic crashes per year in which someone’s vision or response time were slighted and potentially led to bad decision making because they were exhausted and chose to drive a vehicle anyway. It seems as though young adults are the most likely to drive when they are tired but they have also found that men are more likely than women. It’s also no surprise that those whose jobs require working a shift are more likely to drive tired then a 9-5 scheduled job.

Many motorists are guilty at times of driving when we are tired.Please keep the following helpful safety tips in mind:

-Get as much rest as possible each night, especially if you know you have a long day ahead of you that will require late night driving.

-Drink some caffeine and turn on your radio so that you can sing along to your favorite tunes. But be aware that neither measure will provide relief for long.

-If you start to get tired, pull into an exit area or a well lit parking lot to take a quick walk and get your energy flowing again.

-A sleepy driver is in danger of nodding off at anytime. Please pull over and rest.
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We all know that drinking and driving is a lethal combination. It should not be a shock to anyone to know that drinking while using drugs, legal or not, is just as dangerous. It’s a fact that driving under the influence substantially increases the chances of a car accident in St. Lucie or Fort Lauderdale.

A report from the National Highway Traffic Safety Administration illustrates the risks associated with using drugs and driving. The data representing 2005 to 2009 showed a gradual increase in drivers testing positive for drugs after a fatal crash. In 2005 the positive test results were 13%, the next year 15%, in 2007 it was 16% and the last two years it was 18%.

The NHTSA wants it to be clear that drugs connected to the driver did not mean that the drugs were the cause of the accident or that the driver was impaired. Drug types that were found included illegal, physician prescribed and over the counter. Examples included stimulants, inhalants, depressants and steroids.

What would help the drug testing effort is to establish a consistent practice at the state level. Set standards for which drugs should be tested for and what level for each drug would be considered an impaired amount.

Our bodies react to drugs in all kinds of different ways. Some make us tired, slow our reactions and decrease our concentration level. Opposing drugs make us super hyper and cause us to over react to a situation. None of these behaviors are favorable when mixed with driving. Friends Drive Sober documented some interesting facts on the effects of drugs and driving:

-Taking 10mg of Valium is equal to driving with a BAC of .10.

-You should wait at least 10 hours after taking an antidepressant before you drive.

-A lot of over the counter antihistamines, decongestants and allergy medications slow concentration, decrease reaction time and cause drowsiness.

As a result, law enforcement in 46 states (over 6,000 officers) has been trained on the recognition of symptoms of a driver impaired by drugs. Before risking getting pulled over, or worse, let’s all be careful when taking any kind of medication. Check the label and ask your doctor of its effects on the ability to operate a motor vehicle.
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Cell phone use and texting are common reasons for accidents that occur because of distracted driving. Florida has yet to ban either of these distractions while driving which is cause for concern to <a href="https://www.lawofficesofdeanhfreeman.com/lawyer-attorney-1373968.html"<st. Lucie car accident attorneys , and our staff in West Palm and Fort Lauderdale who handle these types of cases regularly.

The National Safety Council is encouraging public officials to listen to the public, which it says supports a cell phone ban for drivers. In a recent survey, more than half of voters thought banning cell phone use would make roadways safer. They also reported that two-thirds of the voters want driver cell phone use banned completely — including hands-free devices.

The NSC put together a model to help determine how cell phone use can be attributed to traffic crashes. The module proposed that 1.4 million traffic accidents involved cell phone use in 2008. It is estimated that anywhere from 3%-18% of these accidents were because of the use of text messaging. At this point it is difficult to measure exactly how much texting is a factor as opposed to just talking on the cell phone. The one thing they do know is that the number of cell phone operators has increased substantially over the last few years.

The Governors Highway Safety Association reports that Florida is one of very few states that currently allows drivers to use cell phones while driving. Meaning no hands free device is needed and texting is permitted while driving. Cell phone and texting bills have been brought to legislature but nothing has passed to date. Florida Governor Crist has stated he will sign a ban on text messaging once it gets passed through legislature.

The following are common distractions we may have in the car in addition to cell phone use and tips to avoid them:

-Eating and drinking: refrain from holding food or beverages in your lap in order to avoid spilling them.

-Looking at a map or fixing the GPS: make occasional stops so that you can re-group on directions or put in a different address when needed.

-Adjusting knobs or changing a CD: have someone else make the adjustments or stop at a rest stop if you don’t have devices on your steering will to adjust volume and channel.
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Authorities are set to put an increased emphasis on the risks associated with driving while under the influence of drugs, as we enter the holiday season.

Our St. Lucie personal injury lawyers and wrongful death attorneys frequently post about the dangers of drinking and driving. What gets less attention, is the risk of driving while under the influence of drugs, whether prescription medication, illegal narcotics or over-the-counter medicine. Motorists will be at increased risk of car accidents in Fort Lauderdale, West Palm Beach and elsewhere in South Florida through the remainder of the holiday season.

The Florida Department of Highway Safety and Motor Vehicles reports an 11 percent increase in drug-related crashes last year and a 19 percent increase in resulting injuries.

Those statistics agree with what the federal government is seeing on a national level, where the number of drivers to test positive for drugs after a fatal accident has increased from 13 percent to 18 percent in the last five years.

More than half of the 34 fatal accidents at New Year’s last year involved a driver under the influence of alcohol or drugs. An additional 28 motorists were killed in Florida car accidents over the four-day Christmas holiday. Nationwide, 3,952 of the 21,798 drivers fatally injured last year tested positive for drugs. However, fewer than 14,000 were even tested, making the positive rate 18 percent for those drivers who were tested.

“Every driver on the road has a personal responsibility to operate his or her vehicle with full and uncompromised attention on the driving task,” said NHTSA Administrator David Strickland. “Today’s report provides a warning signal that too many Americans are driving after having taken drugs, not realizing the potential for putting themselves and others on the highway at risk.”

The government notes that not everyone with drugs in their system was driving impaired. Unlike alcohol, drugs can remain in the system for days or even weeks after being ingested. And it’s not just illegal narcotics the government is worried about, prescription drugs and over-the-counter medication can also lead to driver impairment.

“While it’s clear that science and state policies regarding drugs and driving are evolving, one fact is indisputable. If you are taking any drugs that might impair your ability to drive safely, then you need to put common sense and caution to the forefront, and give your keys to someone else. It doesn’t matter if its drugs or alcohol, if you’re impaired, don’t drive,” Administrator Strickland warned.
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The National Highway Traffic Safety Administration is issuing new rules on rear-window visibility in an effort to reduce the risk of pedestrian and backover accidents.

Pedestrian accidents in Fort Lauderdale and backover accidents in Port St. Lucie and throughout South Florida are of increasing concern as we head into the heart of the holidays and the winter tourism season. Florida is among the deadliest states in the nation for pedestrian accidents, while backover accidents are most likely to occur in busy parking lots or at the type of large family gatherings that most often occur around the holidays.

The new rules are mandated by the Cameron Gulbransen Kids Transportation Safety Act of 2007 and are aimed at eliminating blind spots behind vehicles, which can hide pedestrians. Two-year old Cameron Gulbransen was killed when his father accidentally backed over him in the family’s driveway.

“There is no more tragic accident than for a parent or caregiver to back out of a garage or driveway and kill or injure an undetected child playing behind the vehicle,” said Transportation Secretary Ray LaHood. “The changes we are proposing today will help drivers see into those blind zones directly behind vehicles to make sure it is safe to back up.”

The rules require a driver to be able to see directly behind a vehicle when the vehicle is in reverse. Manufacturers are most likely to comply by installing video cameras in most new vehicles by 2014.

“The steps we are taking today will help reduce back-over fatalities and injuries not only to children, but to the elderly, and other pedestrians,” said NHTSA Administrator David Strickland. “And while these changes will make a difference, drivers must remember that no technology can, or should, replace full attention and vigilance when backing up. Always know where your children are before you start your car and make sure you check that there is no one behind you before you back up.”

The government estimates there are 292 fatalities and 18,000 injuries involving backover crashes each year. In 2008, more than 4,300 pedestrians were killed in accidents nationwide. Florida pedestrian accidents claimed 490 lives. Only California reported more pedestrian deaths.
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Given the nature of our work, the West Palm Beach car accident attorneys at Freeman & Mallard frequently post reports about motor vehicle and highway safety tips and trends on our Fort Lauderdale Car Accident Attorney blog.

With this in mind, we share changes to the National Transportation Safety Board’s “most wanted” list of vehicle and driver safety improvements. Our goal is to educate and empower drivers and help keep them safe on the roads. Broward, Miami, and Palm Beach counties are the most dangerous counties in one of the top three deadliest states in the nation for traffic fatalities.

Concerns addressed on the NTSB’s “most wanted” list range from motorcycle safety (improved namely through universal, mandatory, helmet laws) to improved child occupant protection.

The NTSB would also like to see more drivers and passengers buckling-up before hitting the road and younger drivers more actively participating in graduated licensing programs.

While diminishing driver distractions – such as using a cell phone, eating, applying makeup, or disciplining the unrestrained family pet – are behaviors all drivers should avoid, younger drivers are much more likely to pay with their lives than older, more experienced, motorists.

With that said, Florida is one of just 19 states that have imposed no restrictions on cell phone use for drivers, young or mature, and is one of only three states without a booster seat law.

Both issues – driver distraction and seat belt use – are considered significant factors in serious and fatal South Florida car accidents.

According to the NTSB, on average more than 330 children aged 4 to 8 are killed each year in car accidents nationwide. Of those, about 45 percent were unrestrained. Of those who were buckled-up, most were injured or killed because they were using a lap belt or shoulder harness meant for an adult passenger.

In 2009, the Florida Highway Safety and Motor Vehicles reported that 50 percent of children aged 17 younger killed in a fatal Florida car accident were not wearing a safety belt or using a car or booster seat. Tangentially, there were 4 fatalities and 1,532 injuries linked to driver distraction.

Those numbers are woefully under reported. By some estimates, as many as one-fourth of the nation’s fatal accidents are caused by driver distraction.
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The drunk driving manslaughter trial of former Yankee star Jim Leyritz — which ended last week in a not-guilty verdict in a Broward County courtroom — illustrates the difference between criminal and civil liability.

A victim may seek damages for injuries stemming from a drunk driving accident in Fort Lauderdale, regardless of whether the defendant is ever convicted of a crime. In this case, a wrongful death settlement was reached for the $250,000 policy limits and Leyritz has agreed to pay the widow and the couple’s son $1,000 a month for 100 months beginning next year.

Leyritz, a former pro baseball player, was acquitted this week of DUI manslaughter charges, which could have sent him to prison for 15 years. He was found guilty of first-offense DUI, which carries a maximum penalty of 6 months in jail. This case is an important reminder that a driver does not have to be found criminally negligent to be held civilly responsible.

In fact, an at-fault driver does not have to be identified at all. In cases where a hit-and-run accident causes injury, or when an at-fault driver is an uninsured or underinsured motorist, an experienced attorney may be able to help you collect damages from your own insurance carrier.

The 46-year-old was accused of running a red light while out celebrating his 44th birthday with friends. The accident, which occurred three days after Christmas 2007, killed the 30-year-old mother as she was on her way home from her job as a bartender.

Nor did the alleged negligence of the victim in this case prevent her family from reaching a wrongful death settlement. Defense lawyers argued she was drunker than Leyritz, may have been speeding and was receiving text messages and phone calls in the moments before the accident.

Those seriously injured in a traffic accident should always consult a Fort Lauderdale injury lawyer to discuss their rights. Too often, a victim fails to take the steps necessary to protect his or her rights in the wake of a serious or fatal accident.
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The Florida Department of Highway Safety and Motor Vehicles is urging motorists to buckle up through the Thanksgiving holiday in an effort to reduce the risk of Port St. Lucie car accidents and traffic accidents elsewhere in South Florida.

This week and through the weekend, troopers from the Florida Highway Patrol will join law enforcement throughout the state in the “Click it or Ticket” campaign, aimed at unbelted motorists and their passengers.

“Our message is simple. If you fail to buckle up, then expect a ticket,” said Major Timothy Ashley, commander of FHP’s Troop H. “The hard working men and women of the Florida Highway Patrol will be diligent in enforcing our safety belt law. Our state troopers are committed to making a difference through education and enforcement.”

Florida law requires all front-seat passengers to use seat belts. Occupants under the age of 18 are required to buckle up regardless of where they sit in a vehicle. Violations will result in a $30 fine plus court costs.

Seat belt usage reached record highs this year, at 87.4 percent. However, males were more likely to be unbuckled than females, and passengers remain less likely than drivers to use seat belts.

Last year, the state reported 2,563 traffic fatalities, down nearly 14 percent from 2008. However, only California and Texas report more traffic deaths each year than Florida.

“While multiple factors influence the numbers, the declining trends are a testament to the emphasis that law enforcement agencies, safety advocates and businesses have placed on saving lives on our roadways,” said DHSMV Executive Director Julie Jones. “DHSMV will continue to work with our safety partners to add to the momentum we have gained in recent years so that we continue to see crashes, deaths and injuries decline in years to come.”
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Heavy traffic through the holiday weekend has the Florida Highway Patrol promising increased enforcement in an effort to reduce the risk of serious and fatal Fort Lauderdale car accidents and traffic accidents elsewhere in South Florida.

“The Florida Highway Patrol is committed to making Florida’s highways safe, and we plan to do that by bolstering our forces to reduce the number and severity of crashes,” said FHP Director, Colonel John Czernis. “During this hectic time, it is easy to lose your temper while driving as evidenced by recent incidents of road rage. Our troopers are prepared to take immediate action to stop others from placing innocent lives at risk, whether the weapon is a gun or a vehicle.”

The Miami Herald reports roads will be foggy in some areas and all available troopers — including administrative staff, Reserve and Auxiliary units, and volunteers — will be on the roads.

Violators targeted for enforcement will include impaired drivers, speeders, aggressive drivers and drivers who are not using seat belts or appropriate child-restraint devices.

“The last thing we want to do is knock on a somebody’s door and tell them someone’s not coming home,” FHP spokeswoman Sgt. Kim Montes told the Sun-Sentinel. “We’ve seen our fatalities decline over the last couple of Thanksgivings and we want to see the same this year.”

Thirty-six motorists were killed in Florida accidents over last year’s Thanksgiving Holiday, making Florida one of the deadliest states in the nation. This year, AAA is calling for an 11 percent increase in traffic, with more than 42 million motorists traveling at least 50 miles from home.

Our Fort Lauderdale Injury Lawyers urge motorists to practice safe driving habits so that everyone may safely enjoy the holiday weekend.

Safe Florida Driving Tips Include:

-Get plenty of rest and allow plenty of time to reach your destination.

-Obey speed limits

-Don’t Drink and Drive

-Don’t drive aggressively, including tailgating, weaving in and out of traffic and not using signals

-Wear your seat belt

-Eliminate distractions

-Make sure your vehicle is properly serviced, including tires that are properly inflated and in good condition
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The risk of pedestrian accidents in Fort Lauderdale, West Palm Beach and throughout South Florida will increase as daylight savings time ends, according to the National Highway Traffic Safety Administration.

Florida is among the most dangerous states in the nation when it comes to pedestrian accidents and our Port St. Lucie injury lawyers urge you to use extra caution as it grows darker earlier and the traffic grows heavier with the upcoming holidays and tourist season. Florida pedestrian accidents claimed 490 lives in 2008. Only California reported more pedestrian deaths.

Nationwide, 4,378 pedestrians were killed and more than 69,000 were injured that year. On average, a pedestrian is killed in a traffic accident every two hours and one is injured in a traffic crash every 8 minutes.

Last year, 25 percent of pedestrian deaths happened between 4 p.m. and 8 p.m., while another 13 percent happened in the hours around sunrise. With daylight savings time, comes earlier dark and the need for drivers to adjust to the low-light environment during their evening commute.

Pedestrians are also encouraged to carry a flashlight or wear reflective gear to ensure the greatest visibility.

Other safety tips include:

MOTORISTS

-Slow down. Evening requires additional time to see pedestrians.

-Keep in mind pedestrians wearing hats, earmuffs or headphones may not hear your approach.

-Keep windows and mirrors clean and windshield fluid filled. Make sure windshield wipers and defrosters are working properly.

PEDESTRIANS

-Carry a flashlight or wear reflective material.

-Don’t count on traffic signals to protect you from being struck by a vehicle.

-Avoid jaywalking or crossing streets between parked cars.

-Use sidewalks whenever possible.

-Walk facing traffic.
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