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The tragic deaths of four members of an Orlando family in a Florida drunk driving accident is a stark reminder of how far Florida has to go in preventing the senseless tragedies that frequently occur when someone climbs behind the wheel after having too much to drink.

CNN reports that a father and three sons were killed last Saturday night, while enjoying a guy’s night out at the movies in St. Petersburg. The entire family had rented a cottage. Wives and children are left behind to pick up the pieces.

All four men — ages 51, 28, 24 and 19 — were killed by an accused drunk driver who allegedly ran a red light.

Our Palm Beach injury lawyers and St. Lucie car accident attorneys are dedicated to fighting for the rights of motorists who have been injured or killed in traffic accidents caused by drunk drivers.

The Florida Department of Highway Safety and Motor Vehicles recently trumpeted the decline in drunk driving accidents last year: Deaths dropped to 1,004 from 1,169. Yet drunk driving accidents were still responsible for nearly half of the state’s 2,563 traffic fatalities.

More than 20,000 drunk driving accidents occurred in Florida last year, injuring more than 14,000 motorists. That is more than 54 drunk driving crashes every single day.

When national statistics are released in the coming weeks, Florida is likely to remain one of the most dangerous states in the nation for drunk driving accidents. To add insult to injury, the legislature recently passed a law allowing a motorist convicted of four or more DUIs to regain the right to drive. Previously, such habitual offenders faced lifetime loss of their driving privileges.

Nearly one-third of all accidents in the state occur between Palm Beach and Miami, putting this area at extreme risk for serious and fatal drunk driving accidents.
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With school set to begin and new information that suggests teen drivers routinely ignore the dangers of distracted driving, our Fort Lauderdale injury lawyers urge parents to speak with their kids about the dangers posed by poor driving decisions.

A recent study conducted by Seventeen Magazine found that nearly 90 percent of teenagers are aware of the dangers of distracted driving — including the use of a cell phone and text messaging while behind the wheel — yet nearly 90 percent engage in such dangerous driving behaviors anyway.

In response, Seventeen Magazine and the U.S. Department of Transportation are teaming up with a campaign to encourage teens to create a catchy public-service video that will be used to promote safe driving on National Two-Second Turnoff Day, scheduled for September 17.

Government safety officials will also feature the video during the national distracted driving summit, which is scheduled for that week in Washington D.C. As we reported on our South Florida Injury Lawyers Blog, the summit will likely increase the pressure on states like Florida that have done nothing to prohibit teens from text messaging or using cell phones while driving.

“One in four teen drivers say they’ve texted behind the wheel, and that’s a trend we’ve got to confront head on,” said U.S. Transportation Secretary Ray LaHood. “This contest is an innovative and fun way to get teens involved in spreading the word about the importance of keeping their eyes on the road – and off their phones.”

The campaign is aimed at getting teens to take two seconds to turn off their phone before getting behind the wheel — about the same amount of time safety advocates say it takes to get into an accident by taking your eyes off the road.

“Eighty-Six percent of teens know that distracted driving is dangerous—and they do it anyway,” says Ann Shoket, editor in chief of Seventeen Magazine, citing a Seventeen/AAA 2010 survey. “This contest helps teens hammer the real danger of driving while distracted to prevent accidents and save lives.”

Teens can download an application here.
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A Broward County prosecutor is being suspended while police investigate a hit-and-run Fort Lauderdale bicycle accident, the Sun-Sentinel reported.

The 31-year-old prosecutor has not been charged. “We’ve spoken to her,” Lauderdale police Sgt. Frank Sousa said. “We’re treating this like a hit-and-run. At this time, due to the fact that it is an open investigation, we’re not going to get into details about what we’ve done or discussed with that person.”

On Friday, a black Audi left the scene after a bicyclist was struck shortly after midnight near the intersection of Northeast Fourth Avenue and East Sunrise Boulevard.

Our Fort Lauderdale accident attorneys continue to report about the large number of cyclists being seriously injured or killed in South Florida accidents.

Meanwhile, an 84-year-old woman remains hospitalized after a Tamarac pedestrain accident. Police arrested a 23-year-old motorist they say was driving 40 miles and hour when he hit the woman and fled the scene, according to a Channel 7 News report.

The Florida Department of Highway Safety and Motor Vehicles reports that 482 pedestrians were killed and 7,676 were injured in traffic accidents in 2009. Florida bicycle accidents killed 99 and injured 4,376.
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We’ve probably all done it. In fact, Florida’s mix of heavily urban areas that feed into more rural bedroom communities lends itself to it. You get off the freeway, and you relax your grip on the wheel, assuming you are home free.

But, if nationwide statistics are any indication, Palm Beach car accidents, and traffic accidents elsewhere in Florida, are most likely to occur on rural roads. The USA Today reports that 57 percent of highway deaths nationwide happen on roads designated as rural.

The Center of Excellence in Rural Safety at the University of Minnesota found that 84 percent of those surveyed said they felt safe on rural interstates. And 79 percent felt safe on rural two-lane highways, compared to 69 percent on multi-lane freeways in urban areas.

Drivers who feel more comfortable are also more likely to engage in distracted driving habits, such as using a cell phone, eating, drinking or utilizing in-car electronics. Such behavior could be at least partly responsible for the increased risk.

“People seem to feel more comfortable on those roads, even though the facts show that it’s more dangerous,” says Lee Munnich, director of the center. “They feel more relaxed and, as a result, they are engaging in behavior that is riskier.”

The only exception to the rule was for speeders, who said they felt safer going faster on large urban highways than on rural roads. Many rural accidents are single-vehicle accidents involving a car that loses control and leaves the roadway, a dynamic that could be explained by how motorists perceive risk.

“The more people perceive they have control, the less they perceive a situation as being risky,” Peter Kissinger, president and CEO of the AAA Foundation for Traffic Safety.
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A new law is putting some of the heaviest tractor-trailers in the nation on Florida highways, a move the is certain to increase the risk of serious and fatal semi accidents in Fort Lauderdale and throughout South Florida.

The law, which was signed by Gov. Crist and went into effect on July 1, permits semis to add an additional 8,000 pounds of weight to the 80,000 pounds they are already permitted to carry by law. Trucks pose a serious safety risk to motorists precisely because they already weigh about 20 times more than the average passenger car and require three times longer to stop in the event of an emergency. Florida’s 70 mph speed limit is already among the nation’s fastest for large commercial vehicles. When it comes to weight, only four other states permit heavier trucks on the road.

In 2008, a total of 269 fatal Florida trucking accidents were reported. Only California and Texas have worse safety records.

A Fort Lauderdale injury lawyer should always be called to assist a motorist dealing with a serious or fatal accident involving a semi or large commercial vehicle in South Florida. Such cases are frequently complicated by the seriousness of the injuries, in-state and out-of-state trucking and insurance companies and state and federal trucking regulations.

Safety advocates, including Road Safe America and the Florida Safety Council, had lobbied hard against the measure. However, big business once again got its way, with the trucking lobby winning out over the safety of voters and motorists.

“The dangers of increasing tractor-trailer truck weights are well known – they are harder to stop, steer and more vulnerable to roll over during a crash,” said Tom Guilmet, the Executive Director of the Florida Safety Council. “But, by far, the most compelling objection to heavier trucks is the fact that they will cause more deaths and injuries on our highways.”
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Guardrails on Florida’s turnpike are saving lives and reducing the number of Palm Beach car accidents, the Sun-Sentinel reported.

The truth is Florida has an abysmal traffic safety record. As we reported on our South Florida Injury Lawyers Blog, the state is touting new statistics from the Florida Department of Highway Safety and Motor Vehicles that show a steep decline in fatal accidents. The overall number of traffic fatalities declined 14 percent, from 2,983 in 2008 to 2,563 last year.

But, when statistics are released by the federal government, we expect Florida to join California and Texas as states with the highest numbers of car accidents, bicycle accidents, pedestrian accidents, motorcycle accident, drunk driving accidents, trucking accidents and boating accidents.

The reasons are many, but include the government’s failure to pass a distracted driving law and the dangerous condition of many Florida roads. The $65 million five-year project by the Florida Turnpike Enterprise is a perfect example. New barriers along 166 miles of median have immediately reduced traffic fatalities.

Terrific. Should have been done years ago. And those who are injured or killed because of accidents involving defective roads in Palm Beach deserve to be compensated for their injuries.

Here you have a road built by taxpayers — a toll road, no less — that has been the scene of 142 fatal accidents that have claimed 187 lives in the two years before the guardrails were installed. In the two years since the guardrails, the number of fatal accidents has fallen to 73, claiming 82 lives.

More than 100 people could have been saved by installing these guardrails sooner.Now that they have been installed, authorities are reporting a drastic reduction in cross-over crashes.

The guardrails were pushed for by Rep. Irv Slosberg, whose daughter died in a Boca Raton car accident in 1996.
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The U.S. Department of Transportation has announced it will hold a second distracted driving summit on Sept. 21, as it continues to highlight the problem and looks for ways to combat it, the Washington Post reported.

The news is significant for a number of reasons, not the least of which is Florida’s utter failure to act. As our Fort Lauderdale injury lawyers reported earlier this month, the blame for the lack of a distracted driving law in Florida rests squarely on Tallahassee politicians. Not only is Florida one of just a few states that has not outlawed texting while driving, but our lawmakers have actually passed a law forbidding local governments from doing their work for them.

The result is a state full of visitors, vacationers, senior drivers and drivers talking on their cell phones and text messaging. When the federal accident statistics are released in the coming weeks, it will be no coincidence that Florida is among the states with the highest number of fatal accidents in the nation.

We suspect the government is very close to linking the passage of text-messaging bans to federal highway funding — it is the same tactic it has used to bring states into nationwide compliance with drunk driving and seat belt enforcement. While the safety of voters has not prompted the state legislature to act, we think the likelihood of losing millions of highway safety dollars will make passing a distracted driving law a priority.

Especially since there appears to be very little money lining up on the other side of the argument. The New York Times reports that a Washington law firm has withdrawn plans to create a lobbying group of cell phone and automakers to fight distracted driving laws. The plan was hammered earlier this week in public remarks by Transportation Secretary Ray LaHood. While cell phone makers have been a little slow to rise to the issue, they have at least quit marketing their products as “car phones.”

The Washington summit will gather researchers, law enforcement officers, transportation officials, safety advocates, industry representatives and victims of distracted driving crashes. Nationwide, an estimated 6,000 people are killed and more than 500,000 are injured each year in accidents caused by distracted driving, according to the National Highway Traffic Safety Administration.

“Working together, we can put an end to the thousands of needless deaths and injuries caused by distracted driving each year,” said Secretary LaHood. “By getting the best minds together, I believe we can figure out how to get people to put down their phones and pay attention to the road.”
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Drowsy driving is the cause of a significant number of Palm Beach car accidents and traffic accidents throughout South Florida. In fact, the National Highway Traffic Safety Administration estimated at least 100,000 traffic accidents are the direct result of fatigued driving each year.

The government estimates these crashes lead to more than 1,550 traffic deaths and 71,000 injuries each year, though any accurate estimate is difficult for a number of reasons, including lack of reporting requirements. In countries with better reporting, including England and Australia, drowsy driving is responsible for as many as 30 percent of all crashes.

Our Palm Beach injury lawyers encourage drivers to remain aware of the dangers of driving while tired and urge you to follow the necessary safety precautions while behind the wheel.

The National Sleep Foundation provides the following information for motorists:

Scope: Sixty percent of drivers, or about 168 million people, admit to driving while drowsy within the last year. One-third acknowledge having fallen asleep while behind the wheel.

At Risk: The most at-risk drivers are those ages 18 to 29. Men are more likely to drive while drowsy than women and are almost twice as likely to fall asleep at the wheel. Shift workers are also at high risk, as well as those who sleep less than 6-7 hours a night. Impaired drivers and drivers with sleeping disorders are also at increased risk of falling asleep behind the wheel.

Other Drowsy Driving Facts:

-Drivers who are drowsy are more likely to experienced stress, get impatient or drive faster.

-Only about 1 in 5 drivers admitted to pulling over when experiencing sleepiness while behind the wheel.

-Drivers tend to fall asleep more on high-speed, long, boring, rural highways.

-Most accidents or near-accidents occur between 4 and 6 a.m. Midnight to 4 a.m. are also peak times.

-One-quarter of adults say they know someone who has crashed while falling asleep at the wheel.
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State officials are planning to force the closure of an Arlington, Florida nursing home after alleging a number of serious violations, including a finding that the facility allowed residents to harm each other, the Florida Times-Union reported.

It is the latest disturbing news from Florida’s troubled nursing home system. Our Fort Lauderdale nursing home neglect lawyers and Palm Beach elder abuse attorneys were disheartened by the passing of a recent measure that will permit nursing assistants to provide less care to patients.

The minimum-care hours were put in place as part of an agreement that limited a patient’s ability to collect damages in some cases. The industry successfully fought to reduce the care limits. The lawsuit limits remain in place. (Be sure to thank your lawmaker).

In this case, the Agency for Health Care Administration revoked the license of Glenwood Nursing Center and gave it until next month to relocate its 107 residents. The agency alleges a host of abuse and neglect issues due to a lack of monitoring. The facility has been sued for the death and rape of residents.

In other Florida nursing home news, a Polk County jury has awarded a $114 million verdict in a nursing home abuse case that resulted in the death of an elderly woman. The 76-year-old woman fell within two weeks of being admitted. She suffered head trauma, a broken arm and other injuries from which she never recovered.

Those considering a Florida nursing home can find a ranking system on the federal nursing home comparison website.

We encourage you to do your homework when selecting a Florida nursing home. Over half of all nursing homes are part of a large chain corporation operating for-profit companies. Choosing the proper home and monitoring the condition and well-being of a relative is crucial. Anyone who has concerns about the conditions of a local nursing home or who suspects a case of nursing home neglect and abuse, should consult an attorney. It is the responsibility of each of us to police the system and insure the care and dignity of our vulnerable older adults.
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Planning a road trip this summer? Then don’t forget to pack a list of state and local regulations regarding text messaging and using a cell phone while behind the wheel. Currently, Florida and South Carolina are the only two states without laws aimed at reducing the dangers of traffic accidents caused by text messaging and cell phone use.

Our Port St. Lucie injury lawyers urge drivers considering a summer road trip to know the rules of the road. And we remind you that the best way to ensure compliance with whatever law happens to be in effect — as well as the safety of you and your passengers — is to refrain from text messaging or using a cell phone while driving.

MSNBC reports that the patchwork of laws enacted in recent years will leave those on a road trip open to fines ranging from $20 to $150. In every case, knowledge of the law is the motorist’s responsibility.

“Drivers are still responsible for knowing the cell phone laws that apply in each state,” said AAA spokesperson Nancy White.

In some states, motorists may be subjected to more than one law. For example, Illinois outlaws text messaging while driving but the City of Chicago prohibits all use of hand-held cell phones.

Florida is one of the only states — perhaps the only state — that has both failed to pass a distracted driving law and passed legislation prohibiting city and county governments from enacting their own safety measures.

The Governors Highway Safety Association provides a comprehensive list of distracted driving laws in each state:

-Eight states ban the use of hand-held cell phones: California, Connecticut, Delaware, Maryland, New Jersey, New York, Oregon and Washington.

-Twenty-eight states ban the use of cell phones by young drivers.

-Thirty states ban text messaging while driving.

The National Highway Traffic Safety Administration reports that 6,000 people are killed and more than 500,000 are injured in distracted driving accidents each year. Cell phone use and text messaging are responsible for a large number of the crashes. Other forms of distracted driving include eating, drinking, smoking, talking to passengers, grooming, applying makeup, reading or using in-car electronics.
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