South Florida Injury Lawyers Blog

A difficult decision is looming for a vast majority of Americans.

As Baby Boomers continue to age, both they and their children begin thinking about what will happen when they reach a point they can no longer care for themselves.

A recent story on CNN chronicled the story of Felicia Hudson, who made the heart-wrenching decision to place her ailing, 72-year-old father in a nursing home. She later changed her mind, and brought him back home to live with her, a move that has greatly added to the stress of her everyday life, but has also given her some peace of mind.

Our Fort Lauderdale personal injury attorneys recognize that many people, however, simply don't have the resources to make this kind of arrangement a reality.

Generally, a Baby Boomer is defined as someone who was born between 1946 and 1964.

CNN reported that the first of the Baby Boomers turned 65 last year. As such, the number of Americans reaching retirement age is expected to double to about 72 million in the next 20 years. This will tax not only the health care system, but also the stress levels among those with older relatives.

Assisted living is a choice that should be approached with a great deal of consideration not only for the financial implications, but the safety aspects as well.

According to the Centers for Disease Control and Prevention, there are 16,100 nursing homes in the country. That makes for a lot of options.

Many of these places pride themselves on compassionate assistance and treatment.
But our West Palm Beach personal injury attorneys have seen that's not always the case.

The National Center on Elder Abuse, a division of the U.S. Administration on Aging, describes the seven major types of elder abuse as physical, sexual, emotional, financial, neglect, abandonment and self-neglect.

The center links to a National Nursing Home Watch List, which provides information by state on nursing homes that have been flagged for abuse or neglect, based on Medicare and Medicaid surveys. In Florida, there were 27 nursing homes where at least one person reported abuse or neglect, five nursing homes where at least two instances of abuse or neglect was reported and one where at least three instances were reported.

The nursing homes were also rated on everything from basic standards of care to creating an accident-free environment. Some low scores in these areas included things like failing to protect residents from theft and not doing enough to prevent bed sores.

The National Committee for the Prevention of Elder Abuse, a non-profit organization, has outlined the following warning signs of potential nursing home abuse:

--Sprains or broken bones.
--Abrasions on arms or legs.
--Bruises.
--Torn, stained or bloody underclothing.
--Inappropriate or unusual sexual behavior.
--Is emotionally upset, agitated, withdrawn or non-responsive.
--Exhibits depression or confusion.
--Significant weight loss or gain, not attributed to other factors.
--Having new "best friends."
--Belongings or property are missing.
--Suspicious signatures on checks or other documents.

Continue reading "Difficult Decisions Loom for Relatives of Aging Baby Boomers in South Florida" »

A woman waiting for the bus was killed in a recent Miami bus stop accident. The accident happened on 93rd Avenue and Bird Road. The woman, in her 60s, was waiting at the bus stop when the driver of a small-passenger car lost control and ran directly into the bus stop waiting area. The woman died instantly, according to 7News.

The driver of the motor vehicle stayed at the scene of the accident. Officers are trying to determine if the man was driving recklessly or if he was speeding at the time of that deadly accident. The investigation is ongoing.

Our Miami bus accident lawyers understand that many residents rely on buses to get around town. Riding the bus is a simple way to save some money, avoid waiting behind the wheel on congested roadways and help minimize traffic. But getting to and from the bus stops may be tough on our busy Miami roadways. We are here to offer bus riders a few simple safety tips to help avoid a potentially fatal bus accident. An accident can happen when approaching the bus stop, while waiting for the bus and even while riding the bus.

Safety Tips for Walking to the Bus Stop:

-Always use a sidewalk when one is available. If you have to walk along the road, do so far to the side and facing oncoming traffic.

-Keep an eye out for oncoming traffic.

-Stand away from the roadway.

-Don't allow distractions, such as radios, phones, computers, etc., take your mind and your eyes off of the roadway.

-Look left, right and left again before crossing the street.

Waiting for the Bus:

-Don't play around the street. Stay away from traffic.

-Stand in the covered stop area. When a bus pavilion is not available you should stand at least 10 feet away from the street.

-Keep your eyes and your mind on the road. Keep a look out for dangers, including vehicles, passing bicyclists and road debris.

Boarding a Bus:

-If you drop something near the bus, tell the bus driver before bending down to get it. If the bus driver doesn't know your location, it's a good possibility they will not see you and drive off, potentially hitting you.

-Look for passing motorists before boarding. Not all drivers are cautious near stopped buses.

-Board the bus, find a seat and be seated. It's important not to distract the driver or to block their line of vision with the roadway.

-Stay out of the buses blind spots. Make sure you can always see the face of the bus driver while walking around or near the bus.

Riding a bus can be super convenient and cost and eco-friendly. Riders are asked to be cautious when taking advantage public transportation. Just because you're driving doesn't mean that you don't need to keep an eye out for passing traffic.

Continue reading "Woman Killed in Recent Miami Bus Stop Accident" »

According to the Florida Department of Transportation, intersection car accidents in Palm Beach Gardens and elsewhere throughout Florida are a huge cost to society in terms of property damage, lost productivity, injury and even death.

Statistics reveal that roughly 40 percent of all traffic accidents in the state happen at intersections or as motorists approach intersections. In 2003, there were nearly 100,000 intersection accidents in the state. In these collisions, nearly 1,000 people died and another 107,500 were injured.

Our Palm Beach Gardens car accident lawyers understand that intersections can be dangerous for everyone, not just motorists. Pedestrians and bicyclists also face serious accident risks in these areas if travelers aren't cautious. Motorists are especially cautioned to be careful at intersections during rush hour when traffic volumes are at their highest and accidents are more likely.

This is the fourth entry of a 6-part blog in which we are asking Florida drivers to make one of their New Year's resolutions to be a better driver in 2012. By making a resolution to be more careful and cautious behind the wheel and when traveling through intersections, we can all do our part to make our state's roadways safer for everyone. Traffic collisions at intersections oftentimes are the result of high speeds, reckless drivers, inattentive drivers and because of visibility reductions. Knowing what your risks are for an intersection accident and ways to avoid these dangers can help to reduce your risks of a potentially fatal intersection car accident.

Safety Tips for Drivers at Intersections:

-Make sure you always make a complete stop at stop signs. During your stop, be sure to look for oncoming traffic from all directions before proceeding.

-Check for oncoming cars twice before continuing through an intersection. Even if you have the right of way at the intersection, be cautious of other motorists in case they fail to yield for your vehicle.

-Always expect the unexpected. You should never assume that other vehicles will stop for you.

-Drivers don't always abide by traffic signals. Be on the lookout for red-light runners.

-If you're making a turn at an intersection, keep your eyes out for bicyclists and pedestrians who may be using the crosswalk.

-Always use your turn signals when turning at an intersection. This will help to alert drivers of your desired movements.

At an intersection, you never want to:

-Run a red light.

-Roll through a stop sign.

-Follow another vehicle.

-Rely on other vehicles giving you the right of way.

-Make unsafe left-hand turns.

The second most common traffic ticket issued to drivers in the state Florida is red-light running, In 2006, there were more than 391,000 traffic tickets issued for this violation. Intersections continue to be some of the most common places for car accidents.

Continue reading "Intersections a Top Spot for Car Accidents in Palm Beach Gardens and Elsewhere" »

As we recently reported on our South Florida Injury Lawyers Blog, the National Transportation Safety Board (NTSB) is putting its best efforts forward to propose a nationwide ban on the use of all portable electronic devices for drivers across the country -- including hands-free devices. Earlier this month, the NTSB made a recommendation for all local and state governments to prohibit this behavior to help reduce the risks of distraction-related car accidents.

States have enacted some laws to stop driver distraction, but no state has completely prohibited the use of all electronic devices -- including hands free. Some lawmakers say that this type of law is a form of government intrusion, while others feel it's an invasion of personal freedoms, according to CNN.

Our Riviera car accident lawyers understand that recent studies from the National Safety Council (NSC) prove that hands-free phones are just as much of a distraction as hand-held phones are. Still, no state has enacted a law to prohibit this behavior. Maybe legislators are taking the problem too lightly. According to Barbara Harsha with the Governors Highway Safety Association, lawmakers can't expect these laws to start producing safer results right away. Once they're enacted, it takes time to enforce them and an even longer time for drivers to start changing their behavior behind the wheel. Still, lawmakers need to take that first step to help get us on the right path to safer roads.

The truth of the matter is that hands-free cell phone use is just as dangerous as a drivers talking on a hand-held phone. According to the NSC, the use of cell phones, hand-held or hands-free, causes drivers to "look at" and not "see" the roadway. Many legislators would argue that hands-free cell phones pose less of a distraction that hand-held. That's not true. Drivers don't multitask well. Drivers are unable to focus the same amount of attention on driving when talking on a cell phone as they are when they're just driving alone.

According to the National Highway Traffic Safety Administration (NHTSA), more than 10 percent of drivers are using a cell phone at the wheel at any given moment. The NHTSA's studies also concluded that about a quarter of all car accidents involve a driver using a cell phone at the time of the collision.

The problem with current distraction-related laws:

-Almost all legislation addresses the banning of only hand-held phone or of text messaging devices. None focus on the use of hands-free devices.

-Every state's distraction-related driving laws allow the use of hands-free device by drivers. The same is true for employer policies.

-Recent polls conclude that driver recognize and understand the risks associated with hand-held cell phone use and text messaging devices usage, but not for hands-free devices.

-Many drivers think that they're safer using a hands-free phone at the wheel than a hand-held phone.

"If it shows both are unsafe, then a total ban may make the most sense," said Harsha.

Continue reading "Hands-Free Just as Dangerous as Hand-Held Cell Phones in Distraction-Related Car Accidents in Riviera and Elsewhere" »

There's a new bill on its way to Florida's House and Senate that is designed to keep parents in the know regarding their teen driver's habits on our roadways, according to NBC2. With parents overlooking teen driving habits, officials feel these young drivers will be more conscious of their driving habits. Under the bill, parents can sign up to receive notifications regarding their teens' driving habits, including tickets, warnings and car accidents in Wellington and elsewhere.

"I think it's a great idea, I think the more info you know about your children, the better," says a South Florida parent.

Our Wellington teen car accident lawyers understand that parents could choose to sign up for the new program, if it passes the House and the Senate, and could receive text messages and e-mail alerts directly from the Florida Department of Highway Safety and Motor Vehicles. Parents would know when their teen driver got a speeding ticket, another traffic violation, got into a traffic accident or if their license had been suspended. Many officials think that this program will get teen drivers to pay more attention to their habits behind the wheel.

Parents would no longer receive these notifications once their teen driver turns 18. The bill is sponsored by Senator Greg Evers (R-Baker) and Representative Richard L. Steinberg (D-Miami Beach).

As we are in the thick of the holiday season, we're seeing more visitors and residents out on our roadways. Millions are expected to make Florida their holiday destination. With this increase in traffic volume, our risks for car accidents will increase significantly. This is the ideal time for parents to sit down with the young drivers in their lives and talk about the importance of safe driving during this time of year. These young drivers possess much less driving experience than older drivers and are less able to handle the danger that accompanies holiday traffic.

The Centers for Disease Control and Prevention (CDC) is here to offer parents with a few safe driving tips to discuss with their young drivers before the new year.

Teen Safe Driving Tips:

-Be sure to offer your teen plenty of supervised practice driving time on a variety of road and traffic conditions so that they're better equipped to hand real-life driving.

-Make sure your teen drivers always wears a seat belt. Seat belts may be one of the best measures to help prevent injury in the event of an accident.

-Limit the amount of time they spend driving at night. Teen's risks for an accident increase significantly during this time. Consider enacting a curfew.

-Restrict the number of passengers that they can have in the vehicle at one time because the more passengers in a vehicle, the greater the risk for an accident.

-Although teens aren't old enough to drink legally, the sad truth is that many of our young ones drink and drive. Talk with your teen about the risks and consequences that are associated with drunk driving.

Continue reading "Parents May Soon Have a New Way to be Alerted of Teen Car Accidents in Wellington and Elsewhere" »

As we recently reported on our South Florida Injury Lawyers Blog, the Christmas and New Year's holiday periods serve as a time where we see an alarming increase in the number of drunk-driving car accidents in Cooper City and elsewhere throughout the state. In 2010, about 40 percent of the accidents we witnessed during this time period were alcohol-related.

The National Safety Council (NSC) recently released its predictions regarding the number of traffic accident fatalities we're going to see nationwide during this year's holiday periods. Our Cooper City drunk driving car accident attorneys understand that the holidays are a time to gather and celebrate with friends and family. Time off from work and away from school allows time to re-energize. Unfortunately, our roadways are also overflowing with snowbirds, residents and visitors. The increase in traffic is tough enough to deal with as it is, but add the increased amount of drunk drivers over the holidays and your risks increase.

According to the NSC, the Christmas holiday period starts at 6 p.m. on the 23rd of December and goes through 11:59 p.m. on the 26th of December. The council is predicting that we're going to see more than 280 traffic accident fatalities during this 3.25-day period. The NSC goes on to predict that another 28,700 individuals will be injured in car crashes during this time.

The number of roadway fatalities during any time of the year could be greatly reduced if all motorists were to wear a seat belt. According to studies, seat belts are more than 40 percent effective in saving lives during car accidents. This information indicates that more than 100 people may potentially be saved in car accidents over this year's Christmas holiday period because of seat belts. If all motorists were to wear a seat belt during travel, experts conclude that another 75 people could be saved.

The NSC also reports that there are going to be close to 300 people killed in traffic collisions during the New Year's holiday period. This time period officially begins on Friday, December 30th at 6 p.m. and goes through Monday, January 2nd at 11:59 p.m. In addition to these predicted fatalities, the NSC is estimating that another 29,700 people will require medical attention from injuries resulting from car accidents during this time.

According to the NSC, more than 105 people may be saved in car accidents during this holiday period because of seat belt usage. If all motorists were to wear a seat belt during this time period, the NSC predicts that an additional 75 people could also be saved.

Drivers are asked to be careful on our roadways during the upcoming holidays. Be safe, exercise defensive driving habits and always wear a seat belt. Have a safe and happy holiday!

Continue reading "Safety Council Predicts Hundreds of Fatal Car Accidents in Cooper City and Elsewhere Through Holidays" »

According to Governor Rick Scott, December is "National Drunk and Drugged Driving (3D) Prevention Month." During this time, local and state officers are on our roadways in search of intoxicated drivers through the holiday season. The Florida Highway Patrol (FHP) and thousands of other local law enforcement departments are also pushing the national "Drive Sober or Get Pulled Over" campaign, according to WCTV. The campaign began last week and is running through January 2nd, and is aimed at helping to decrease the risks of drunk driving car accidents in Boynton Beach and elsewhere throughout the state.

Drug-impaired and alcohol-impaired accidents are some of the deadliest ones, especially during the last part of every year and through the holidays. In 2010, nearly 40 percent of car accidents during the New Year's and Christmas holiday periods were alcohol-related.

Our Boynton Beach drunk driving car accident lawyers understand that FHP Reserve and Auxiliary troopers also will be patrolling our roadways throughout the rest of the year. With the holiday season, residents and visitors venture out to gather with family and friends to celebrate the holidays. Many of these gatherings involve alcohol, and all too often drivers hop behind the wheel of a motor vehicle after drinking.

"Safety is our focus year round at DOT. But this holiday season, we're stepping up our efforts to get drunk drivers off our roads and reminding Americans 'drive sober, or get pulled over,' " said USDOT Secretary Ray LaHood. "We're making gains in our fight against drunk driving, but we cannot and will not let up."

FHP is asking drivers to practice the following safety tips to avoid a drunk-driving accident:

-Plan head. If you're going to go out drinking, make sure that you have a sober driver who can get you home safely.

-Designated driver doesn't mean someone who is "less drunk" than you. It's someone who has had nothing to drink.

-If you've been drinking and you don't have a sober driver, call a friend or family member to help get your home, call a cab, use mass transit or stay at a hotel or friend's home.

-If you think you've spotted someone on our roadways who is drunk, dial *FHP (*347) to help to get them off the road. You can also use this number to request assistance if your car has broken down.

"Impaired driving continues to be a priority for law enforcement in the state, and the Florida Highway Patrol will be intensifying enforcement during the holidays," said FHP Director, Col. David Brierton. "Our goal is to create the safest possible driving environment by modifying driver behavior - and helping drivers make better decisions."

We ask all drivers to be cautious at the wheel and to be patient with the heightened volume of traffic. Practice responsible driving habits and ring in the near year injury free.

Continue reading "FHP Joins National Campaign to Reduce Risks of Drunk-Driving Car Accidents in Boynton Beach and Elsewhere through Holidays" »

Drivers in the state of Florida are still allowed to talk on cell phones and text message at the wheel. In fact, we're one of the few states left in the U.S. that hasn't enacted any laws to regulate such dangerous behavior, according to the Governors Highway Safety Association. That could all be changing soon.

At a meeting earlier this week, the National Transportation Safety Board (NTSB) recommended a nationwide ban to stop drivers from using portable electronic devices behind the wheel, according to CBS Miami. If this recommendation makes it into office, drivers would be able to use these devices only in emergencies or to help aid safe driving. Regulating distractions for drivers could help to significantly cut down on the number of car accidents in Lauderdale Lakes and elsewhere throughout South Florida.

“According to NHTSA, more than 3,000 people lost their lives last year in distraction-related accidents,” said NTSB chairman Deborah A.P. Hersman. “It is time for all of us to stand up for safety by turning off electronic devices while driving. No call, no text, no update is worth a human life.”

Our Lauderdale Lakes car accident attorneys understand that many states have trouble enforcing distracted driving-related laws. In many states, drivers are permitted to make phone calls at the wheel, but aren't allowed to send or receive text messages while driving. These laws make it hard for law enforcement officials to determine what a driver was actually doing at the wheel; talking on the phone or composing a text message. A federal ban on these behaviors may be a better way to reduce the risks of car accidents across the U.S. and help officials to better enforce distraction-related driving laws.

Throughout the years, lawmakers in our state have made several attempts to pass bans on text messaging at the wheel. There's even another proposal on the lineup for the upcoming 2012 legislative session. If this law makes it through, drivers could face a $30 fine for texting while operating a motor vehicle. This would only be a secondary offense and still cell phone use wouldn't be regulated.

"Needless lives are lost on our highways, and for what? Convenience? Death isn't convenient," Chairwoman of the NTSB, Deborah Hersman said. "So we can stay more connected? A fatal accident severs that connection."

The NTSB isn't the only organization that agrees with these measures. The National Safety Council (NSC) is applauding the NTSB for making such a move to make our roadways safer. The NSC reports that more than a million traffic accidents occur every year because of distracted drivers.

“Making citizens safer is one of the most important roles of government,” said the president of the NSC, Janet Froetscher. “We are hopeful that legislators across the nation will recognize the value of NTSB investigations and recommendations and take the necessary actions proposed by NTSB to make our roadways safer for everyone.”

Continue reading "NTSB Urges Full Ban on Drivers Using Electronic Devices to Reduce Risks of Distraction-Related Car Accidents in Lauderdale Lakes, Nation" »

The National Safety Council (NSC) and The Allstate Foundation recently started the HEARTS Network, also known as Honoring Everyone Affected, Rallying The Survivors, and is asking victims and family members affected by teen car accidents in Lauderhill and elsewhere to step forward. These organizations are asking for these individuals to join Network to help raise awareness about the serious consequences that result from accidents involving these young, inexperienced drivers.

David Teater, senior director of transportation initiatives at National Safety Council, says that the stories from victims will help prevent or at least reduce accidents. Car accidents continue to be the number one killer for teens. With more awareness, we can help to turn this statistic around and help make our roads safer for everyone.

Our Lauderhill car accident attorneys understand the dangers that teen drivers face on our roadways, and that these young drivers have higher accident rates than any other age group of drivers. The HEARTS Network was launched to allow accident victims and participants with the chance to speak with organizations throughout the community, to help their communities to improve teen driving problems, and to recruit the help of community leaders and traffic safety leaders to raise awareness about the epidemic. The group also serves as a support system for those who have experienced similar tragedies, offering them a place to turn to in difficult times.

John Farrace became a member of the HEARTS Network after his 17-year-old son was killed in a car accident in 2007. Farrace says that he hopes the program will help to enlighten parents and teen drivers about the importance of driver road safety.

The HEARTS Network has shared stories with audiences at the NSC New York Teen Driving Forum, the National Conference for State Legislators and the N.J. Governor’s Teen Drivers Study Commission. Awareness is the number one step to help reduce the risks of these types of accidents.

Of course teenagers aren't the only people who are suffering in these accidents. In fatal car accidents that involved drivers between the ages of 15 and 17, nearly 70 percent of the victims aren't the drivers but those in other vehicles, bicyclists and pedestrians. Nearly 6,000 fatal accidents happened in 2009 that involved a teen driver.

HEARTS Network participants are also serving on various traffic safety groups. One of the main groups is the Teen Safe Driving Coalitions funded by The Allstate Foundation. The coalitions are overseen by the National Safety Council in 10 states, including Florida.

If your teen driver has been in an accident or you've been in an accident with a teen driver and would be willing to to share your story to help raise awareness about the issue, you can e-mail the NSC or call them at (630) 775-2411.

Continue reading "HEARTS Networking Asking Victims of Teen Car Accidents in Lauderhill and Elsewhere to Raise Awareness" »

Talking with your elderly parent or spouse about your concern for their diminishing motor skills is no easy task. But taking the first step to help a loved one who no is longer able to safely navigate our roadways can help to reduce their risks of a car accident in Davie and elsewhere.

According to Florida's traffic data, the number of drivers who had their licenses taken away because they were deemed as unable to safely drive has doubled over the last 10 years. Most of these licenses were revoked because of physical or mental health challenges related to age, including strokes, dementia and seizures, according to News 4 Jax.

Our Davie car accident attorneys understand that drivers' risks for an accident drastically increase once they reach the age of 60. To help prevent these types of accidents, Florida lawmakers have decided to promote a longstanding, but little-known Florida law that allows residents to contact the state regarding motorists who may be suffering from mental of physical conditions that could affect road safety. We're not asking you to go report you elderly family members to the state. We would just like to raise awareness about the dangers they face behind the wheel and head off that problem before it gets here.

Family members are urged to speak with their elderly loved ones face to face, but if nothing seems to work then you can report the driver to the state. Reports are confidential.

"There's a lot wrapped up in having a driver's license, in terms of identity and dignity," said
Linda Levins, of ElderSource.

Florida drivers are required to get their eyes checked every six years once they've reached the age of 80. Since 2004, about 7,000 drivers' licenses have been taken based on these vision tests alone.

"We know that Florida's older adult population has positively impacted our state, both socially and economically," said Terry White, secretary of the Florida Department of Elder Affairs and council member. "We are committed to addressing the safety and self-sufficiency of Florida's elder drivers."

Signs from AARP that a driver should start limiting his or her time behind the wheel:

-Having near-misses, close calls or almost accidents on our roadways.

-Discovering dents and scrapes on your car or on the property around your driveway.

-Getting lost on routes that should be familiar.

-Have a tough time seeing road signs, road markings and traffic lights.

-A slow response time to road hazards.

-Underestimating gaps in traffic.

-Receiving many honks from other drivers.

-Easily becoming distracted.

-Having a hard time turning to look at your vehicle's surroundings.

-Receiving numerous written and verbal warnings from officers.

Take the time to examine your elderly loved one's driving abilities. Make sure they're not endangering themselves or anyone else on our roadways. If not, consider sitting them down and talking to them about their safety behind the wheel. Your concern could help to save their life.

Continue reading "Elder Drivers Face High Risks for Car Accidents in Davie through Holiday Season" »

Hybrids have a safety edge over the gas-guzzling vehicles on the roadways. In a recent study, conducted by the Highway Loss Data Institute (HLDI), hybrids are better able to protect vehicle occupants in the event of an accident. As a matter of fact, you're 25 percent less liked to be injured in a hybrid during a car accident in Deerfield Beach and elsewhere.

"Hybrids on average are 10 percent heavier than their standard counterparts. This extra mass gives them an advantage in crashes," says Matt Moore, HLDI vice president.

As we recently reported on our Fort Lauderdale Car Accident Lawyers Blog, the type of car you choose is an important decision in your likelihood of staying safe in the event of a car accident. Drivers are urged to check out the safety ratings of vehicles before making a purchase. The new discoveries regarding hybrid vehicles are good news to energy-conscious consumers who aren't willing to trade safety for fuel economy. Before this, green drivers had to choose between one or the other because the hybrids were typically smaller and lighter and more dangerous for occupants.

Hybrids now come with more safety options than every that can help save money at the pump and save lives in accidents.

In the recent study, crash results were the same for hybrid vehicles and their conventional versions were uplifting for hybrid owners. Hybrid passengers' odds for injury were more than 25 percent lower than their standard counterparts, according to the Insurance Institute for Highway Safety.

Size and weight has always been associated with safety. Both the hybrid and its conventional counterpart share the same structure and footprint, but now the hybrid outweighs gas guzzlers because of the added weight of battery packs and a number of additional components used in dual-power systems. The additions on the hybrids add the extra weight needed for safety. The newer model hybrids oftentimes weigh more than their counterparts.

A downside discovered in the study regarded hybrid-pedestrian car accidents. All too often, the electric motor is too quiet for pedestrians to hear on our roadways. Study data concluded that hybrids were about 20 percent more likely to be involved in pedestrian accident that their convention versions.

This is a problem that has become so widely recognized that it's even gaining attention from the National Highway Traffic Safety Administration (NHTSA) as they work to correct the problem. In the beginning of this year, Congress allotted the NHTSA with three years to find a way to make these vehicles more noticeable by pedestrians.

As vehicle technology advances, we'll continue to face safety issues. Consumers are urged to research potential purchases to help ensure the safety of vehicle occupants. Regardless of which vehicle you choose, it's important to drive carefully and cautiously to help to preserve the safety of your fellow travelers.

Continue reading "Hybrid Vehicles Safer Than Ever in Deerfield Beach Car Accidents" »

Dr. Val Jones with Healthy Vision recently interviewed optometrist Dr. Cristina Schnider and John Ulczycki of the National Safety Council to discuss the dangers of nighttime driving. With the recent time change, drivers are spending more time on our roadways during dark hours. Statistics illustrate that about a quarter of all travel is done during the evening, yet about half of all fatal car accidents in Royal Palm Beach and elsewhere occur during this time. According to Road and Travel Magazine, about one out of every three drivers admits that they have trouble seeing while driving at night.

Our Royal Palm Beach car accident lawyers understand that many drivers fail to adjust their driving habits during the evening hours. Driving is more dangerous at night because drivers are less likely to see hazards or dangers on our roadways. Because drivers can't see the dangers, many just assume they aren't there instead of reducing speed and driving more cautiously.

Even drivers who have perfect vision during the day have a reduction in vision at night. At night, the eyes search around to find an object to focus one. Since there's less to focus on, the eye wanders looking for something to focus on. This wander makes your overall vision more blurry. What the eye typically focuses in on is the windshield. This is dangerous because there's much more going on that you should be focused on. It's important to look past the windshield. You can do this by looking above the headlights of oncoming vehicles.

Another obstacle that nighttime drivers must overcome is the lack of color visibility in your peripheral vision. You typically only see movement, and not color, in your peripheral vision during this time. That's why it's so important for you to keep scanning your roadways while driving at night.
Drivers are reminded to blink while driving during the dark hours. People tend to keep their eyes open for a longer time when trying to focus on something. Keeping your eyes open can dry them out and hinder your vision even more.

John Ulczycki from the National Safety Council asks drivers to change their driving habits to accommodate the nighttime dangers on our roadways. He brings up the fact that teen drivers are at a greater risk for a nighttime accident than older, more experienced drivers. While both teens and older drivers face some of the same vision problems, older drivers typically have more experience dealing with these driving conditions. Ulczycki says that teen drivers' crash rate is three times higher after 9 p.m. than during their daytime accident rate. He suggests that parents ride with their teen drivers for a generous amount of time before cutting them loose on our roadways.

Ulczycki reiterates the importance of curbing all distractions while driving at night. Florida has no law that governs the use of cell phones or text messaging devices for drivers. We're asking everyone to be safe and be responsible on our roadway to help avoid a potentially fatal nighttime accident.

Continue reading "Daylight Saving Time Brings Increased Risks of Car Accidents in Royal Palm Beach" »

A recent trucking accident in Fort Lauderdale put a gas tanker through a guard rail that runs along U.S. 1, according to 7NEWS. The accident happened when the semi suddenly lost control on the highway near Interstate 595. The Broward County Sheriff's Office reports that the tanker was not hauling gas at the time of the accident.

Our Fort Lauderdale car accident attorneys are thankful that no other vehicles were involved in this accident. It could have turned out much worse. Unfortunately, this clean of an accident isn't always how it works out. Traffic accidents that involve a big rig, a semi, a tractor-trailer or an 18-wheeler can oftentimes produce deadly results. As we round out the year and head into the holiday season, we can expect to see a drastic increase in the amount of traffic on our roadways. This increase in traffic means that we'll be seeing a boost in accident risks as well. With every holiday season, tourists and snowbirds flock to the area to get away from the wicked winter and to soak up the Florida sunshine. Unfortunately, many of these individuals have no idea where they're going on our roadways. Mix their confusion with the dangers of semi-trucks and you've got a recipe for disaster.

According to the National Highway Traffic Safety Administration, there were nearly 3,500 traffic fatalities resulting from accidents with these larger vehicles. Another 75,000 people were injured in these incidents. It's estimated that there are roughly 300,000 large trucks that were involved in traffic accidents on U.S. roadways in 2009.

The occupants of the other vehicle (the passenger vehicle) are most likely to be killed in an accident with a big rig:

-About 76 percent of traffic accidents with a large truck resulted in fatalities among the other vehicle's occupants.

-About 2 percent of traffic accidents with a large truck resulted in fatalities among non-occupants.

-About 22 percent of traffic accidents with a large truck resulted in fatalities among the truck's occupants.

The occupants of the other vehicle (the passenger vehicle) are most likely to be injured in an accident with a big rig:

-About 71 percent of traffic accidents with a large truck resulted in injury among the other vehicle's occupants.

-About 3 percent of traffic accidents with a large truck resulted in injury among non-occupants.

-About 26 percent of traffic accidents with a large truck resulted in fatalities among the truck's occupants.

There were nearly 3,500 fatal traffic accidents in the state of Florida in 2009. There were nearly 200 large trucks involved in these fatal accidents. Safe driving habits are your best defense against an accident with a semi. Drivers should remain aware of their surroundings, and should travel carefully and cautiously along roadways where these trucks travel as well.

Continue reading "Gas Tanker Slams into Guard Rail During Trucking Accident in Fort Lauderdale " »

According to recent statistics, someone dies in a car accident in Port St. Lucie and elsewhere every hour of every day. If you're one of the lucky ones who survives an accident, the cost can be just as stunning as this statistic. According to CBS News, car accidents across the U.S. cost about $300 billion every year.

"Traffic crashes really need to be moved to the forefront of the American discussion as the public safety (and) health threat that they are," says AAA spokesman Troy Green.

Our Port St. Lucie car accident attorneys understand that you can end up shelling out thousands of dollars for one of these accidents if you're not careful. According to AAA, each traffic accident-related death costs on average about $6 million. This includes emergency services, lost earnings and medical costs. It is estimated that about 33,000 people die on our roadways every year. The cost for a traffic accident-related injury averages more than $125,000.

To equal those same costs, a small aircraft would have to fall from the sky every day for about 360 days. As unacceptable as that would be, these car accidents seem all too normal. Our society has become numb to these stunning accident statistics. It's as almost as if accidents have become a part of everyday life.

To help reduce the number of vehicle accidents, manufacturers are coming up with some pretty neat safety features, including Electronic Stability Control (ESC). This technology can improve a vehicle's stability as it knows when to apply the brake during a skid incident. Some research concludes that if more vehicles had this technology, then nearly 10,000 lives could be saved on our roadways.

Another cool safety feature, which is still being developed, is short-range sensors, which are designed to warn a driver when an accident is about to happen. In these cases, the vehicle would activate seat restraints and airbags.

Since drivers apparently are not going to change their driving habits to make roadways safer, manufacturers are hoping to do the work for them by making cars electronically smarter and safer.

Officials aren't giving up though. More and more states are creating laws to help stop dangerous driving behaviors, such as drunk driving, speeding and distracted driving. Now, 35 states prohibit drivers from texting at the wheel.

As of right now, AAA is looking into creating a federal bill to keep drivers focused on the road. But until this auto group is able to get Congress's attention, the bill sits in the waiting line.

"We're hoping that by putting a dollar amount to it, people will pay a little more attention to the fact that even if they're not in a crash, they are still paying for them,'' said AAA spokeswoman Beth Mosher.

Continue reading "Car Accidents in Port St. Lucie and Elsewhere Cost About $300 Billion Annually" »

According to the director of the Florida Highway Patrol (FHP), Col. David Brierton, the FHP will be participating in this year's Operation Safe Driver. This annual campaign will be taking place this year from October 16th through the 22nd. The Florida Department of Highway Safety and Motor Vehicles reports that the event is nationally organized and is being put by the Federal Motor Carrier Safety Administration and the Commercial Vehicle Safety Alliance. During this time, law enforcement will be targeting drivers of commercial and passenger vehicles to ensure that the vehicles and the drivers are meeting federal safety standards.

Nearly 90 percent of fatal trucking accidents in West Palm Beach and elsewhere that involve a commercial truck are caused by driver error. During this safe driving campaign, troopers from the FHP will be out combing our roadways in search of dangerous drivers. They'll be targeting these drivers by performing driver safety inspections on commercial trucks and targeting dangerous driving habits on Florida roadways.

Our Broward County car accident attorneys understand how dangerous traffic accidents with large vehicles can be. During Operation Safe Driver, members of the FHP will be cracking down on these drivers and will be taking aggressive enforcement action against drivers of commercial trucks, passenger buses and passenger vehicles. Raising awareness of the dangers that these vehicles present has been proven effective in increase roadway safety.

“Activities such as Operation Safe Driver have had a noticeable effect,” said Brierton.

Traffic accidents with large trucks and with commercial vehicles can oftentimes end fatally. According to the National Highway Traffic Safety Administration, there were nearly 3,500 people killed in U.S. roadways in 2009 because of accidents involving these large vehicles. Another 74,000 people were injured in these types of accidents. According to state statistics, there were more than 295,500 large trucks involved in traffic accidents throughout the year.

Of the people who were killed in these types of accidents in 2009:

-More than 75 percent of fatalities occurred to the occupants of the other vehicles.

-Roughly 15 percent occurred to those who were occupants in the truck.

-Approximately 10 percent occurred to those who were nonoccupants.

It's quite clear that occupants of passenger vehicles are more vulnerable than any other party involved in a car accident with a large truck. The size, weight and force carried by these large vehicles make them deadly. With the proper knowledge and safe driving habits, we can all do our part to help reduce these risks. Remember to be cautious around these large vehicles, stay out of their blind spots and to allow them plenty of room on our roadways. There's no reason to travel too closely and to flirt with danger. Be alert, be cautious and be aware.

Continue reading "FHP Uses Operation Safe Driver Campaign to Help Reduce Bus and Truck Accidents in Tamarac and Elsewhere" »

Your child now has a new, fun and exciting way to learn valuable safety tips to help prevent child injury in Margate. Recently, the National Highway Traffic Safety Administration (NHTSA) teamed up with the popular animated series Chuggington and released a new video series. Throughout this series, children will be able to learn safe habits to practice around vehicles, whether they're riding in a car, playing near parked cars, riding on buses, walking near traffic or bicycling near roadways. The new show will be targeting children ages 2 to 7, and will have online tips, a kid-focused safety pledge, and activities for parents to use with children.

"This exciting partnership with Chuggington will help us bring our traffic safety message to young children and parents alike," said U.S. Transportation Secretary Ray LaHood.

Our Cooper City child injury attorneys understand that car accidents are the number one cause of deaths for children in the United States. More than 1,300 children under the age of 15 died in 2009 because of motor-vehicle accidents. Another 179,000 young children were injured in these accidents. There were more than 260 children in this age group who died in traffic-related pedestrian accidents. Approximately 115,000 young ones also were injured in pedestrian-related accidents during the same year. We encourage all parents to recruit the participation of their children to help them to learn lifelong safety habits that can potentially save their life one day.

Chuggington's new video series will teach kids safety tips for school bus riders, pedestrians, car seat usage and bicycling. Throughout the videos, Chuggington and his friends will earn safety badges for performing safe behavior in dangerous situations. The characters will be taking the 'Think Safe, Ride Safe, Be Safe!' safety pledge. Your child is encouraged to take the pledge as well and to earn his or her very own Chuggington Traffic Safety badge.

This series was released just in time for National Child Passenger Safety Week. This week-long campaign was used to raise awareness in parents about the importance of properly buckling in children during every car ride. The NHTSA estimates that approximately 70 percent of all child car seats are improperly installed on U.S. roadways.

The latest child car seat recommendations:

-Younger than 1-years-old: These children should always ride in a rear-facing car seat in the back seat of a vehicle.

-Age 1- to 3-years-old: Children should be kept in rear-facing car seats for as long as possible. Once they've reached the height and weight limits for their car seat, you may move them to a forward-facing car seat with a harness.

-Ages 4- to 7-years-old: Keep them in a forward-facing car seat with a harness until they've reached the seat's height and weight limits. Then a child should be moved to a booster seat that's located in the back seat of a vehicle.

-Ages 8- to 12-years-old: Children should be kept in a booster seat until they can properly fit in a seat with an adult seat belt. he lap portion of adult seat belt should fit snugly across the upper thighs, and the shoulder portion of the belt should lie snugly across the shoulder and chest.

Continue reading "Chuggington and the NHTSA Team up to Help Prevent Child Injury in Vero Beach and Elsewhere" »

The AAA's National Senior Driver Expo Tour is still going strong. It has already made stops in more than a dozen cities to raise awareness about senior citizen car accidents in Jupiter. The Expo will be making its way down the east coast of the U.S. later this fall. Aging drivers have always been a concern for AAA, so the Senior Driver Expos is a key part in raising awareness about the dangers that elderly drivers face.

"Like similar community health-fairs, the expos give attendees a hands-on opportunity to try out easy-to-use tools that can keep drivers safer," said Jake Nelson, AAA director of traffic safety research and analysis.

Our Greenacres car accident attorneys understand how beneficial these events can be. Unfortunately, elderly drivers may not always be able to determine when they're no longer able to safely navigate our roadways. The AAA Expo includes products and seminars to help senior citizens assess their driving abilities, and to find ways to reduce their risks of traffic accidents by improving their driving skills.

The expo will include the following:

-AAASeniors.com: AAA has provided this website to seniors as a place to access online resources, expert advice, science-based tools and various programs that can be used to help them to identify and discuss many of the issues that are associated with senior driving risks.

-AAA Roadwise Review: This is a computer-based screening tool that lets seniors measure their driving skills that have been scientifically linked to accident risk among senior drivers.

-CarFit: This program is community-based and offers elderly individuals the opportunity to assess their vehicles to see how well they fit their needs to help ensure maximum safety and comfort.

-Smart Features for Mature Drivers: This is a guide that helps elderly individuals to identify features in their vehicle that can help them with mental, physical and visual challenges that many of them face.

Elderly drivers are urged to test out the DriveSharp Calculator. This is an online program that allows seniors to measure their Useful Point of View, which can help to determine just how great their risks are for an accident on our roadways.

Everyone ages differently. It's important to keep an eye on your elderly loved ones to make sure that they're not in a position to harm themselves on our roadways because of deteriorating senses. It's important to stress that handing over their keys doesn't mean that they're handing over their independence. There are many ways that elderly residents can get around and enjoy life safely without risking their lives in the driver's seat of a motor vehicle.

Continue reading "AAA Addresses Elderly Drivers' Increased Risks for Car Accidents in Pompano Beach and Elsewhere" »

Fort Pierce injury lawyers are empathetic to the family who is trying to make sense of the hit-and-run accident that took place earlier this month in our area. It seems senseless for a driver to hit a pedestrian and then take off like nothing ever happened.

Pedestrian accidents in Deerfield Beach, Boynton Beach and throughout South Florida occur every day. Trying to pinpoint a specific location, time of day or even why a pedestrian is struck is nearly impossible. For example, in this particular case, the pedestrian was walking along Jenkins Road at 4:20 a.m. on a Sunday when he was struck by a vehicle on his way home. He had just stopped at a nearby gas station at 4 a.m. but no one knows what he was doing out at that hour on that particular day.

WPTV reports that police are at a loss because they have very few details leading up to or following the accident due to a passerby discovering the body later and calling the authorities with no witnesses at the scene. Officials report the 54 year-old male pedestrian was big enough to do some heavy damage to the vehicle, so they are looking for a vehicle in obvious need of repairs.

There are typically four reasons that a driver may hit someone or something and run. They are impaired or under the influence of drugs or alcohol. They are driving without a valid license, registration or insurance card. They are inexperienced or driving in a fit of rage and panic under the circumstances. Last, they have something to hide, like a driving a stolen car or are in violation of the law.

Unfortunately, pedestrians who are struck by a vehicle don't walk away as freely as the driver who is never caught. Florida Highway Safety and Motor Vehicles (FLHSMV) reported 482 pedestrians killed in 2009 and thousands more were seriously injured. On average from 2000-2009, more than 500 pedestrians have died each year but the pedestrian fatality rate has gradually declined per 100,000 residents during this time period. Though most would probably think children or older adults are most at risk, it is actually the 45-54 year-old age group that reported the most deaths and injuries in 2009.

Most pedestrians would agree that we need to feel safe on city streets and roadways before we venture out onto the streets. If we examine the reasons why we walk, the majority of pedestrians walk to be more healthy, save money on fuel, establish a 'go green' attitude by not wanting to pollute the air or just plain love the activity and outdoor weather.

FLHSMV urges Florida pedestrians to walk safely by staying out of vehicle blind spots, cross with caution, and use walking areas when they are available. Using sidewalks and crosswalks can help alert motorists that you are there and help you stay out of harm's way.

Continue reading "Fort Pierce Hit-and Run Accident Kills 54-Year-Old Male Pedestrian" »

Earlier this month, Allstate released the America's Best Drivers Report which revealed America's safest driving cities. Of all the cities in Florida, Port St. Lucie was the safest. Data shows there are the fewest reported car accidents in Port St. Lucie than in other cities statewide.

According to TC Palm, in an analysis of the 200 largest cities nationwide, Port St. Lucie was ranked as the 24th safest city to drive in. Cape Coral was the second highest Florida city ranked in the report at 42nd on the list overall. Actuaries studying Allstate's claim data determined that drivers in Port St. Lucie go approximately 11.2 years between accidents on average, slightly higher than the national average of 10 years between reported accidents. Crashes, defined for purposes of this study as collisions leading to property damage claims, were analyzed from January 2008 through December 2009.

Injury lawyers in Margate, Sunrise and elsewhere in South Florida are somewhat skeptical due to the fact that Allstate only covers automobile insurance for 10 percent of drivers nationwide.

According to the National Highway Traffic Safety Administration, Miami-Dade County, Broward County and Palm Beach County reported the most traffic fatalities in 2009. Miami-Dade accounted for 10 percent of Florida fatalities, followed by Broward County accounting for 7 percent of traffic fatalities.

An accident in southwestern Miami-Dade County made the news recently when a Florida Department of Transportation vehicle was rear-ended by a Florida Highway Patrol car. WSVN reports that both drivers had to be transported to the hospital for minor injuries, but no one died in the accident.

This is a prime example of how accidents occur every day, but some go unclaimed through insurance companies either because they are work-related or motorists opt not to raise premiums by reporting a minor accident. These kinds of situations can skew the big picture of insurance-related surveys or accident reports statewide.

Allstate has been releasing the report for the last seven years in hopes of initiating discussions about safe driving behaviors throughout cities nationwide. The safest driving city in the country according to the report is Fort Collins, Colorado, which earned the title for the second year in a row. Despite collisions gradually going down nationwide each year, roughly 32,000 people lose their lives annually as the result of a car accident.

Allstate offers these simple tips to avoid an accident:
-Avoid road rage by remaining calm, driving defensively, and not driving under high pressure situations caused by being late or high traffic congestion.
-Set your GPS ahead of time and return or make phone calls when you arrive safely at your destination.
-Avoid driving in a hurricane or other poor weather-related conditions.
-Stay out of motorists' blind spots and allow ample amount of space when you follow a vehicle or change lanes.

No matter where you live in the state, motorists are reminded with school back in session and holiday travel season on the way, to be safe out there and don't take any chances in order to avoid a car accident for the remainder of 2011.

Continue reading "Port St. Lucie Safest City In Florida To Drive; Fewer Reported Car Accidents Than Any Other City" »

Florida lawmakers are at it again; pushing for a law to ban the use of a cell phones and texting for drivers in the state. A recent fatal car accident in Lake Worth brings up the topic once again after a 35-year-old was who was believed to have been texting while driving caused a fatal accident on Interstate 95, according to WPTV.

Florida State Representative Irv Slosberg of District 90 says that this is just another example of why we need to ban drivers in the state of Florida from texting while operating a motor vehicle.

Our Miami car accident attorneys have previously reported on the dangers of using a cell phone and texting while driving, yet Florida lawmakers have failed to pass any legislation governing the distracting behavior. Florida is one of the only states that has no law regulating the use of a cell phone or a text messaging device by drivers. Government officials continue to push the law, but have yet to have any luck.

"Sounds logical right? Wrong," Rep. Slosberg said. "It's not so easy to get done."

Careless driving, which includes using cell phones or texting behind the wheel, was ruled one of the top causes for fatal car accidents in Palm Beach County in 2010. It was the number one cause of deadly crashes in Broward County.

Rep. Slosberg is putting all of his efforts into getting a law passed in the state to stop distracted driving altogether. He's starting his plan by attempting to make it illegal for newly-licensed drivers to engage in these habits while behind the wheel of a motor vehicle. He believes that's a good place to start since he doesn't expect the state to accept a full ban any time soon.

"It takes persistence and persistence," said Rep. Slosberg.

Other states that have already banned texting while driving for young drivers typically hand over a $150 violation to those who are busted breaking the law.

Slosberg isn't the only one trying to get states to enact some sort of cell phone and texting ban. The Governors Highway Safety Associations is also at it. The Association recently released a summary of its findings, Distracted Driving: What Research Shows and What States Can Do, regarding the consequences of distracted driving. GHSA reviewed more than 350 articles regarding the effects and the risks of the behavior. It has also come up with a number of countermeasures that local and state governments should consider when attempting to regulate road safety.

GHSA suggests that state and local governments consider these countermeasures:

-Enact a law that would prohibit texting for all drivers.

-Enact a full cell phone ban for novice drives.

-Enforce current cell phone and texting laws.

-Make it a requirement for all persons to complete a distracted driving communication programs before becoming eligible for a driver's license.

-Suggest ways for employers to create and enforce distracted-driving policies and programs in the workplace.

Until the state of Florida enacts a cell phone law to regulate any sort of driver distraction, drivers will be responsible for governing their own actions. Hopefully we can all make wise decisions behind the wheel and put down the cell phone while driving.

Continue reading "Fatal Car Accident in Lake Worth Urges Officials to Push Distracted Driving Regulations" »

Aventura was the first area in Florida to install red-light cameras. The lights were installed back in 2008. Now, as the city approaches the third anniversary of this milestone of traffic safety, nearly 70 Florida cities are equipped with the intersection cameras, according to the Biscayne Times. The cameras have reportedly reduced the number car accidents in Aventura by roughly 15 percent.

“People take red-lights more seriously now,” says Eric Soroka, Aventura’s city manager.

Our Aventura personal injury attorneys understand that local and state officials have a responsibility to help ensure the safe condition of all roadways. These safety measures can include red-light cameras, roadway conditions and adequate street signs. But how can we be sure that government are looking out for the safety of motorists and keeping up with its end of the bargain. Red-light cameras generate a lot on revenue to the city, about $3 million to be exact. That's a lot of dough that can be used to help keep the conditions of our roadways and traffic devices up to par.

According to a recent press release from the U.S. Department of Transportation, the Obama administration is getting rid of quite a few of the federal regulations that govern the replacement of traffic equipment. These regulations are being tossed out for a number of reasons; to help save money, to make the regulations more in-tune with the advancements in traffic technology, and to eliminate regulations that have been deemed completely unnecessary. More than 45 regulations will be eliminated when all is said and done. Local and state governments will not be held responsible for decisions regarding the upkeep of this equipment.

The revision of the regulations came after President Obama requested a complete review of the current policy. Transportation officials believe that there's no sense in burdening cash-strapped cities with these unnecessary requirements.

Some of the regulations that will be tossed out include:

-Requiring that street name signs display a larger font.

-Requiring specific street signs to be replaced by 2018.

-Requiring that signs reading ‘Advance Grade Crossing,’ 'Low Clearance,' 'One Way' and 'Pass With Care' be upgraded as the city sees fit. This means that local officials would only have to replace these signs once they've worn out and can no longer be deemed as useful.

“We are proposing these changes to give them the flexibility they need to balance their many responsibilities and make the best use of taxpayer dollars,” said FHWA Administrator Victor Mendez.

All of the deadlines can be found in the Manual on Uniform Traffic Control Devices (MUTCD). This manual has been published by the Federal Highway Administration (FHWA) since 1971 and includes regulations regarding traffic signals, street signs and pavement markings.

It is important as local, state and federal governments deal with budget cuts that road maintenance and road construction does not take a hit. When officials stop addressing road conditions to save a buck, the risks of car accidents can increase significantly. In the event of an accident, there may be other at-fault parties that you may not recognize. You are urged to contact an experienced attorney who can help determine contributing factors.

Continue reading "City Celebrates 3 Years of Red-Light Cameras and Reduced Number of Car Accidents in Aventura" »

An elderly woman from Boca Raton was killed in a recent car-pedestrian accident in Palm Beach County, according to The Palm Beach Post News. According to the Palm Beach County Sheriff's Office the 85-year-old woman passed away at the Jackson Memorial Hospital in Miami after she was involved in the accident earlier in August at the 22000 block of Camino Del Mar.

The accident report stated that the accident happened as the elderly woman was waiting at the crosswalk for her caretaker. The caretaker ran over the woman as she attempted to back to vehicle up. The driver hit the gas pedal instead of the brake and hit the curb, then a wood pole and then the elderly woman. After the incident, she was initially taken to Delray Medical Center and then later transported to Jackson Hospital. Charges against the driver are currently pending, according to media reports.

Our pedestrian attorneys in Pembroke Pines, Oakland Park and Cooper City understand that older pedestrians are more vulnerable to pedestrian accidents than their younger counterparts.

According to National Highway Traffic Safety Administration, nearly 800 people over the age of 64 were killed in pedestrian-traffic accidents in the United States in 2009. This elderly population accounted for nearly 20 percent of all of the pedestrian accidents reported for the entire year. With the increase in the elderly population, an increase of roughly 13 percent from 2000 to 2009, we can expect more elderly pedestrians to be traveling our roadways. Serious accidents involving these individuals can be prevented with safe, alert and cautious driving habits.

For the elderly population, more than 60 percent of pedestrian deaths that occurred in 2009 happened at non-intersection locations.

There are a number of unfortunate factors contributing to the risks of elderly pedestrian accidents:

-Elderly residents are more likely to experience hearing and vision difficulties.

-Many seniors are less mobile as they require the use of a wheelchair, a walker or a cane.

-Many elderly residents suffer from age-related illnesses that affect their mental health, like dementia.

-Seniors may find it difficult to cross the street in the amount of time allotted by crosswalk signals.

Here are some senior-friendly safety tips for those walking our streets:

-Make sure you've got enough time to cross a street. Don't start crossing a street unless you know how long the WALK signal has been lit up for. It's wise for you to wait until the next cycle if you're not sure.

-Have your eyes and ears checked periodically. Aids to help these senses can greatly reduce your risks of being involved in a serious accident.

-Don't be shy. Ask for help if you need it. Most residents understand that seniors may require some assistance and won't hesitate to help.

-Don't assume that drivers will stop. Always assume that a driver can't see you. Unfortunately, motorists have been known to fly by elderly seniors with little to no regard for their safety.

Continue reading "Elderly Woman Killed from Car-Pedestrian Accident in Palm Beach County" »

Labor Day is considered by local law enforcement agencies to be a holiday period that begins at 6:00 p.m. on Friday, September 2nd and ends at 11:59 p.m. on Monday, September 5th. For residents, we see this long weekend as one last chance to get out and celebrate the summer for one last time before the start of the busy tourism season.

The National Safety Council (NSC) reports that some 400 motorists are going to die because of car accidents in Lauderdale Lakes, Sunrise, Plantation, Coral Springs and elsewhere during the long holiday weekend. Another 39,000 people are expected to require medical treatment as a result of these accidents.

Our car accident attorneys in Lake Worth, Delray Beach and Royal Palm Beach understand that more than 31 million Americans are planning on traveling at least 50 miles away from their home over the long Labor Day weekend.

With the recent spike in airline ticket costs, vacationers are more likely to hit the road instead of flying to their vacation spot. With more travelers on our roadways, residents face a significant increase in the risks of being involved in a fatal car accident.

"Airline tickets going up and up and up. People are trying to save money on the bottom line even if it means a couple of vacation days sacrificed for driving," said Avis Rental Car Agent Spencer Little .

The NSC reports that the average number of traffic accident-related deaths has consistently been 15 percent above the average for similar non-holiday weekends.

The NSC offers motorists these safety tips to help you avoid a serious traffic accident over the upcoming holiday weekend:

-Find a designated driver if you're going out and you plan on drinking.

-Make sure that you and other passengers are buckled up whenever you hit the road.

-Leave with plenty of time to reach your destination. Spare time will eliminate the impulse to speed and will help you to avoid frustration at the wheel.

-Abide by traffic signals and road signs. Officers will be out in full force during the weekend in search of law-breaking motorists.

-Always drive defensively.

-Adjust to weather conditions.

-Curb the distractions. This includes cell phones, GPS systems, interaction with other passengers and text messaging devices. Driving while distracted greatly slows your reaction time and puts you at an increased risk for a serious accident.

-Rest up. Make sure you get plenty of sleep before heading out on your road trip. Fatigued drivers are four times more likely to be involved in a serious accident. Stop for a break after every three hours of driving time.

We would like to wish everyone a safe and happy Labor Day and ask that everyone be cautious on our roadways to return home injury free.

Continue reading "More Road Traffic over Labor Day Weekend Increases Risks of Fatal Car Accidents in Hollywood, Florida and Elsewhere" »

A recent early-morning car accident in Miami killed three motorists, including a mom-to-be and her unborn child. According to the Florida Highway Patrol, the accident happened when a vehicle, traveling the wrong way on Interstate 75 between Miramar Parkway and Miami Gardens Drive, collided with an oncoming vehicle. The accident closed the Interstate for five hours, according to WSVN 7. Police were notified about the wrong-way car but were unable to locate it before the accident.

Emergency responders transported three of the injured motorists to Jackson Memorial Hospital (JMH). The pregnant mother and her unborn child were later pronounced dead at the Ryder Trauma Center at JMH. The other two victims remain hospitalized.

Our Sunrise car accident attorneys understand how stressful being an expecting parent can be, but when you're traveling among unpredictable motorists the stress level can be sky high. There are specific safety precautions that an expecting mother can take to help keep her and her unborn child safe on our roadways.

According to the Centers for Disease Control and Prevention (CDC), there are nearly 33,000 pregnant women involved in traffic accidents every year. Car accidents are the number one cause of death and serious trauma to women during a pregnancy.

Here are some tips to help keep you safe in a motor vehicle while you're pregnant:

-Buckle up the right way. According to the National Highway Traffic Safety Administration (NHTSA), pregnant women should wear their seat belt with the shoulder portion over the collarbone. The lap portion of the seat belt should be worn under the abdomen and across the upper thighs, making sure it's placed as low as possible. Never put the seat belt over the stomach. A pregnant woman should never put a seat belt behind the arm or back.

-Be a passenger as much as possible. As a pregnancy progresses, the uterus will get closer and closer to the steering wheel, eventually placing it in a potion to be crushed in the event of an accident. Ride as a passenger as much as possible.

-Stay far from the wheel. If a pregnant mother has to drive a vehicle, it's important to keep the seat as far from the steering wheel as possible. Expecting mothers are urged to stay at least 10 inches away from the steering wheel.

-Don't lean forward. This will minimize movement in the event of the accident. It will also allow the airbag to operate properly.

Don't shy away from airbag. The NHTSA reports that both airbags and seat belts, when used together, offer an expecting mother the highest level of protection possible.

Seek the advice of a doctor if you're an expecting mother and have been involved in an accident. The CDC reports that expecting mothers that are involved in car accidents and have not documented their injuries are at a higher risk of preterm labor.

Continue reading "Pregnant Mother and Unborn Child Killed in Miami Car Accident" »

Two separate Palm Beach County car accidents ended with vehicles under water. The first accident happened in Jupiter. Palm Beach County Fire Rescue reports that a vehicle plunged into a canal on Jupiter Farms Road near 175th Road North. The driver was taken to Jupiter Medical Center, according to the Orlando Sentinel.

The second vehicle submersion occurred on Yamato Road near Boca West Drive in Boca Raton. This accident happened when two cars collided. One vehicle was sent flying into a nearby lake.

Our Boca Raton car accident attorneys understand the risks that Florida motorists face from vehicle submersion in our state. According to Operation Live, vehicle submersion comes with one of the highest death rates for any type of single-car accident. We ask that you familiarize yourself with the proper safety steps to take if you find yourself in a submerging vehicle.

According to the National Highway Traffic Safety Administration, there are nearly 250 vehicle-submersion accidents each year in which a least one person dies. The data goes on to specify that about 2 percent of these vehicle submersion accidents experience result from a rear-end accident, more than 10 had a major side crash, nearly 50 percent experienced a major frontal crash, about 15 percent didn't involve a collision or a rollover and the remaining 23 percent were the result of a vehicle rollover and no collision. Every year, nearly 300 people die each year in these incidents.

There are three phases to vehicle submersion:

-The floating phase: This is the first 30 to 120 seconds where the vehicle typically floats. This is time that occurs before water reaches the bottom of the windows. This is the phase your vehicle's windows can be rolled down manually or broken if necessary. You do not want to open you doors during this phase because water will rush into the vehicle quickly and cause the vehicle to sink faster.

-The sinking phase: This is the time that occurs when water rises from the bottom of your window to the very top and before the inside of the car fills up with water. During this time, air is still inside the vehicle and occupants are able to still breathe. It is very difficult to open your vehicle's windows or the doors during this phase because the pressure of the water outside of the vehicle is so strong. As the vehicle gets filled with water, the vehicle will tilt engine down and begin to sink is a vertical position.

-The submerged phase: During this phase, the vehicle is completely filled with water and there are no air pockets left in the cab. During this time the water pressure is the same both inside and outside of the vehicle. You should try to open the doors during this phase. However, your chance of surviving the submersion is very low during this phase.

Your best time to escape a sinking vehicle is during Phase I. Unfortunately, most vehicles on our roadways have power windows and you're going to have to use the window to get out. This may be a little difficult because most power windows will stop working when the vehicle's battery is shorted by water contact. Since you should not open your doors at this time, your best bet is still to remain seated and belted and to break the windows.

Continue reading "Two Vehicles Submerged in Recent Car Accidents in Palm Beach County" »

The Southeast Florida Regional Transportation Plan 2035 is recommending that our area spends more than 60 percent of the available transportation fund on various alternatives for driving over the next 25 years. These alternatives include bikeways, sidewalks and expanded transit systems. Many residents suggest that these new forms of transit, including buses and trains, will reduce congestion on our Florida roads, but will end up increasing the time for getting to a specific destination, according to the Sun Sentinel.

Public forms of transportation will indeed reduce traffic flow on our roadways and decrease the risks of serious car accidents in Miami-Dade and elsewhere in the area, but many locals aren't buying it. They'd rather zip down our expressways and cut of a few minutes of travel time along the way.

Our Fort Lauderdale car accident attorneys understand that the need for various commuting resources is expected to increase in future years, but one by 1 percent by 2035. The number of vehicle travelers is expected to decrease as well, but again only by less than 2 percent. Traffic congestion has been a target of local officials. After all, our area is ranked as the seventh-worst area in the entire United States for roadway congestion.

Public transportation is an important factor in many busy cities, but the attempt to get people out of their cars by adding rail transit has failed in areas time and time again. From 1972 to 2007, there have been about two dozen metro areas that have launched their own rail transit system. Only half of them experienced an increase in transit commuting. The other half experienced a significant decrease in transit share.

According to the U.S. DOT, the average transit commute takes twice as long as the average passenger-vehicle commute. For this reason, many locals completely oppose the area's new plan for increased transit options.

Some do consider the addition of express lanes although. Express lanes are believed to offer a choice to drivers in congested expressways by allowing them to get through these congested areas at times when it's important to get to their destination on time. They also believe that these new lanes will provide an less congested route for region-wide express bus services.

One of the ways that this area could benefit from a new rail system is though Gov. Rick Scott and the Florida DOT's plan to use state money at the Port of Miami to allow cargo to be transported from the Port to its destination via trains rather than by big trucks on Interstate 95. This plan would benefit motorists of all types.

The debate will continue -- multi-purpose express toll lanes or more public transit. Either way, motorists are left to deal with the problem at hand, the daily dangers of our busy roadways.

Continue reading "Pedestrians and Bicyclists the Wave of the Future in Southeast Florida" »

A Fort Lauderdale woman and her two children were injured in a SUV rollover accident when a tire on her SUV separated, causing her car to flip several times earlier this week, according to The St. Augustine Record. The Florida Highway Patrol reported that she was heading northbound on Interstate 95 when one of the right tires separated causing her Ford Explorer to overturn.

Sport utility vehicles have the highest rate of deaths occurring in rollovers. Vehicles including the Ford Explorer, Toyota 4 Runner, Isuzu Rodeo and Honda Passport have all been popular cars that have seen their fair share of SUV rollover accidents in Miami and elsewhere. SUV rollovers are almost three times more likely to occur than the average passenger car, according to SUV Rollover News.

Our West Palm Beach car accident attorneys would like to point out that, from the beginning of the Firestone tire recall, Ford Motor Co. officials have continued to insist that these accidents with Ford Explorers are, in fact, a Firestone tire problem. No one wants to fess up to the faulty manufacturing.

"There are more than 3 million Goodyear tires on Ford Explorers that have not had, as far as we know, one tread separation problem," Ford President Jacques Nasser told Congress. "So we know that this is a Firestone tire issue, not a vehicle issue."

The Fort Lauderdale mother and one of her daughters were not wearing seat belts at the time of the accident. The child was ejected from the SUV. The older child, 8-months-old, was restrained by a child seat in the back seat.

According to Frontline:

-In the 10-year period during which Ford-Firestone related rollovers caused some 300 deaths, more than 12,000 people were killed in SUV rollover accidents unrelated to tire failure.

-The Ford Explorer is nearly 20 times as likely as the typical family car to kill occupants of another vehicle in a crash.

-A quarter of all vehicles sold in the United States are sport utility vehicles. SUVs are the most popular type of vehicle in America. The Ford Explorer is the most popular SUV in the world.

Ford Explorers that are equipped with Goodyear Tires have had a higher rate of tire-related accidents than any other SUVs, according to national fatal accident records.

"I'm not going to say there's anything wrong with Explorers," said James C. Whiteley, Goodyear's vice president for global product and process quality. "Explorers are Explorers. Jeeps are Jeeps. Our performance on all the vehicles has been very satisfactory. People have taken tires for granted. Tires are a highly engineered technical masterpiece, but people have to realize that tires fail. If you don't take care of a tire, we cannot make a tire that is indestructible."

Continue reading "Ford Explorers Targeted in SUV Rollover Accidents in Fort Pierce and Elsewhere" »

Many motorists find it annoying to drive behind a dump truck on Florida roadways because they are difficult to see around and may have loose debris flying off the truck which can create a driving hazard.

A recent St. Lucie dump truck accident has us mindful that not only are these trucks hazardous to motorist but they can also be dangerous for those who drive them. WPTV News Channel 5 reports that a dump truck driver was fatally injured when his truck tipped over into a St. Lucie County canal. The dump truck hit a curb after veering off the dirt road for some unknown reason, which caused the truck to submerge in water according to the Florida Highway Patrol.

This marks the second fatal accident in less than a month involving a dump truck. Keys News reported about the death of a woman who was killed when she was struck by a dump truck loaded with gravel while making a left hand turn. The woman was airlifted from Mariners Hospital and taken to Ryder Trauma Center in Miami where she later died.

Port St. Lucie accident attorneys know the crazed frenzy of the construction industry a few years back made roadways more dangerous with the vast number of dump trucks occupying them. We can expect that again if the economy ever recovers. Dump trucks accidents will be on the rise unless truck drivers and motorists use extra caution in order to avoid them.

In 2008, the U.S Department of Transportation's Federal Motor Carrier Safety Administration reported 370 fatal dump truck crashes (roughly 9 percent of all large truck crashes). In addition, FMCSA reported almost 4,700 dump truck crashes nationally, which resulted in injury severe enough to require medical attention.

Motorists are reminded of the following safety tips when traveling on roadways with dump trucks:

-Steer clear whenever possible or at least allow plenty of following distance between you and the truck.

-Stay out of a truck's blind spots. If they don't see you then they may hit you.

-Never pass a truck on the right. Wait for them to move over and then safely pass them on the left.

Dump truck operators are reminded to:

-Evenly distribute cargo carried in the bed to avoid tip-overs or loss of control because of weight distribution issues.

-Ride in the right lane, especially when hauling heavy loads.

-Safely secure all cargo by tying down or covering to eliminate the risk of debris hitting another motorist on the roadway.

-Walk around your truck or have someone direct you before putting the gear in reverse or tipping the bed to unload.

Continue reading "Dump Trucks Pose Risk to St. Lucie Motorists Involved in Florida Trucking Accidents" »

From Los Angeles, California to Selmer, Tennessee, there are at least 500 towns and cities in 25 states that have red light cameras. On duty 24/7, these cameras capture red light runners in the act, but are they just money makers for the towns and cities or are they making motorists safer?

Our Fort Lauderdale car accident lawyers question how effective red light cameras are in preventing car accidents in West Palm Beach and throughout South Florida.

Los Angeles may be the next city to remove the cameras from intersections which is what the Police Commission wants done. The City Council committee will soon decide if the 32 cameras will stay or go. For those who thought having the cameras would be a cash windfall for the city, that would pay for the system and other things, it has been a disappointing experiment.

Even though the fine for running a red light is $446 the city is only getting paid for 33 percent of the tickets that are sent out. The city is in a million dollar hole in operating expenses for the cameras, unlike Chicago where 400 cameras generated over $64 million in 2009. And LA has yet to prove that the cameras increased public safety.

According to the National Highway Traffic Safety Administration using red light cameras should:
-Decrease the occurrence of violations.
-Increase public safety by the use of technology.
-Increase public awareness of the dangers of red light runner and increase the idea that violators will be caught.
-Free up law enforcement for other tasks.
-Stress deterrence instead of punishment and safety instead of revenue generation.
-Educate the public about why the red light camera program is in operation.

LA is not the only city having issues with red light cameras. There's an intense court battle brewing in Houston, after a U.S. district judge recently ruled that a voter approved measure to take down the city's 70+ cameras was "invalid on procedural grounds."

Weighing in on the debate if red light cameras save lives, the Insurance Institute for Highway Safety analyzed traffic data from the 99 largest U.S. cities for the last 10 years. Their conclusion was that if all 99 cities had red light cameras 815 victims would not have died in traffic crashes between 2004 and 2008. Currently, of those 99 cities only 14 have cameras.

"We still have thousands of people who die," said Adrian Lund, the Insurance Institute's president. "We look at where and how that's happening, and one of the most dangerous (locations) is intersections."

Issues occurring in other states and cities:

-Failing in the Senate, Florida's House recently passed a bill banning red light cameras.
-Residents of Albuquerque will vote later this year on the fate of their 20 red light cameras, though city lawyers are debating if the vote would have any official effect.
-A Missouri circuit judge recently ruled that St. Louis' 51 cameras were illegally enacted.
-Tennessee Governor signed a bill to limit, but not ban, the use of red light cameras.
-Awaiting House action the North Carolina Senate voted to ban cameras.
-In Spokane a Superior Court judge said red light camera tickets are invalid because they are not signed by a police officer.

Continue reading "Cameras Located at Fort Lauderdale's Most Dangerous Intersections Can Reduce the Risk of Car Accidents" »

Palm Beach Fire Rescue was called out to the scene of a deadly West Palm pedestrian accident recently. The accident happened at the corner of Belvedere and Palmetto roads just before 5:00 a.m. The victim was taken to St. Mary's Medical Center in West Palm Beach and was later pronounced dead.

The sheriff's office Traffic Homicide Unit was sent to the scene to figure out exactly how the accident happened. Preliminary reports state that the pedestrian was struck by more than one vehicle, according to News Channel 5.

"So far we're looking at three (cars)," said Sgt. John Churchill, head of the Traffic Homicide Unit. "We're trying to match what people are describing to us to the actual number of cars."

Our Fort Lauderdale personal injury attorneys understand that this early morning pedestrian accident could have been caused by a number of factors. The driver could have been drowsy, distracted, intoxicated or speeding, just to name a few.

The pedestrian may have also been partially at fault by failing to acknowledge oncoming vehicles, not wearing brightly colored clothing or walking in the path of traffic. Regardless of who is determined to be at fault, it is important for everyone traveling on our roadways be extra cautious of one another in an attempt to avoid these fatal interactions.

USA Today contributes a number of factors to the high rate of pedestrian accidents that we see in Florida every year. First they recognize the increasing population. Florida has roughly 7 times more residents than it did back in 1950. Our state represents roughly 6 percent of the United States' population.

"Florida has developed faster than any other state in the nation," says Louis Malenfant, president of the Center for Education and Research in Safety. "The roadways have been built to accommodate a lot of traffic, and get trucks and cars moving from point A to point B in a very efficient way."

They also credit our booming tourist industry. In 2009, more than 80 million people visited our state. Motorists who are unfamiliar with our roadways and our weather conditions are only increasing risks for a car accident. Depending on the season of the year, more motorists will significantly increase these risks.

"Sometimes, when people factor in fatalities on a per-capita basis, they may not be calculating the impact of tourists," Malenfant says.

Lastly, USA Today cites the beautiful Florida climate. We all know how beautiful our Florida weather can be and because it's balmy year-round, residents and tourists tend to spend more time outdoors. Outdoor travel increases exposure to such accidents.

In 2008 alone, more than 11 percent of pedestrians and more than 17 percent of bicyclists were killed in the Florida. Nearly 500 people died that year because of accidents involving a pedestrian.

During these summer months, when everyone hits the open road, or sidewalk, to enjoy Florida's beautiful weather, please remember to be courteous to all travelers and help to keep everyone safe on our roadways.

Continue reading "Man Struck by Three Cars in West Palm Pedestrian Accident" »

Driving on our roadways may now be more dangerous than ever with a number of recent vehicle-related safety recalls. Defective vehicle products can greatly increase your risk of being involved in a car accident in West Palm Beach and elsewhere throughout the United States, especially if you never hear about these recalls.

Luckily, the National Highway Traffic Safety Administration (NHTSA) offers consumers with a list of recalls. These recalls can be independently conducted by a manufacturer or ordered by the Administration. On their website, you can access public reports describing a number of safety-related defects of vehicle records or noncompliance with federal motor vehicle safety standards.

Our Fort Lauderdale personal injury attorneys urge that all residents sign up, through the agency's website, for government alerts regarding major events that result in a recall determination, a description of the remedy and a schedule for the recall. Vehicle recalls can occur because of defective manufacturing of vehicles, tire, car seats, etc.

The NHTSA's job isn't done after they've informed the consumer about these recalls. They follow-up to ensure that the manufacturers provide owners safe, free, and effective remedies according to the Safety Act and Federal regulations.

An NTSHA recall notification letter contains the following information:

-A description of the defect or noncompliance.

-A description of the potential risks or hazards posed by the problem. This includes any warning signs of the problem.

-A description of the free remedy, including when the remedy will be available and how long the repair will take.

-A description of what the vehicle's owner can do if they're unable to have the problem fixed within a reasonable time and without charge.
Safety Defect/Noncompliance Notices Received in June:

-Volvo is recalling 2010 S60 models because the fuel pump may not be compatible with all fuel pumps and components. The result is an insufficient fuel transfer in the pump unit.

-Porsche is recalling 2010-2011 911 Turbo, Turbo S, GT3, GT3 RS and GT2 RS because the center locking hub and wheel assemblies can wear prematurely.

-Affinia is recalling their aftermarket front suspension lower ball joints.

-BMW has recalled certain models of their 2011 X3's because the control module in the electric power steering unit could malfunction. This malfunction could result in a sudden loss of power steering.

-Kawasaki is recalling their 2009-2010 KLX250 motorcycles because the fuel tank could leak from cracks at the spot welds on the side mount tabs.

-Ducati is recalling 2011 Diavel motorcycles because the brass inserts installed in the chain can deform over time.

-Mazda has recalled the 2008-2009 models of the Mazda3 and the Mazdaspeed3 because the ground terminal of the windshield wiper could have been inadvertently bent when it was initially assembled.

-GMC is recalling 2011 Cadillac Escalades,Chevrolet Silverado HD, Silverado LD, Suburban and the Tahoe because the immediate steering shaft attaching bolts may not have been tightened correctly.

-Toyota has recalled its 2011 Siennas and Venzas because of the possibility that the front drive shaft could break because of insufficient heat treatment.

Luckily, there were no tire or car seat recalls in June. For more updates, please register with the NHTSA. Staying updated with recent vehicle recalls can help to keep you and your family safe on our roadways.

Continue reading "Get Vehicle Recall Information to Decrease Your Risks of a Serious Car Accident in Fort Lauderdale and Elsewhere" »

Serving alcohol at drive-thru restaurants could increase the risk of DUI accidents in Fort Lauderdale. Yet Sonic Drive-In has been playing around with the idea of offering three types of bottles draft beer and 10 varieties of wine to their menu for customers who eat on the patio.

The Sonic in Homestead was recently approved by City Council members to be the first of the chain’s 3,500 restaurants to offer alcoholic beverages. The restaurant is located at 2425 NE Eighth St. in Homestead.

Our Miami personal injury attorneys understand that battling drunk drivers is tough enough as it is. Add drive-thru alcohol availability and the risk increases. A number of fast food chains have experimented with the idea in previous years, but this is the first to do so in our area.

“They’re trying so much to stay in business and find new things for customers,” said Richard Turner, a spokesman for the Florida Restaurant and Lodging Association. “What’s amazing about the American consumer is their needs are always changing.”

Restaurants that will serve alcohol will only provide it to customers who are eating on the patio.

“For consumers, it’s basically about having it your way — even if it’s having a beer with your burger,” states Ron Paul, president at Technomic, a restaurant consulting firm.

In Florida, it’s illegal to have an open alcoholic beverage in a car, even if it’s parked, according to The Miami Herald.

“We think it's irresponsible to have someone drive up and we hand a beer out the window,” said Johnny Winton, one of the franchise owners. “That doesn’t make sense at all. We’re trying to have a family-friendly atmosphere out on that patio.”

Nearly 11,000 people were killed in traffic accidents that involved an impaired driver in 2009 alone. These accidents made up more than 30 percent of the total traffic accidents in the United States. Innocent motorists are oftentimes killed in these preventable accidents. During that year, more than 200 children age 14 and younger were killed in these accidents, according to the National Highway Traffic Safety Administration. However, those ages 21- to 24-years-old had the highest percentage of drivers involved in fatal drunk driving accidents. Florida witnessed nearly 1,000 traffic fatalities in 2009 because of traffic accidents that involved an intoxicated driver.

For the time being, drivers are asked to practice safe driving habits and to remain sober behind the wheel, regardless of who've serving your dinner.

Continue reading "Drunk Driving Accidents Expected to Increase with Alcohol-Serving Fast Food Chains" »

GMAC Insurance recently released the results of its National Drivers Test, and the final test scores weren't too impressive.

One out of every five drivers were unable to meet the basic requirements to get a driver's license. That means that about 37 million Americans would not pass the written drivers test. These results clearly indicate that the risk of a car accident in Miami or elsewhere in the United States is high.

”The GMAC Insurance National Drivers Test has become the benchmark for America's driving IQ,” said Scott Eckman, chief marketing officer, GMAC Insurance. ”All Americans need a refresher course when it comes to rules of the road and it begins with education. We're hoping this year's GMAC Insurance National Drivers Test results will inspire drivers to arm themselves with the knowledge they need to stay safe.”

Florida ranked 37th out of the 50 states. While we may be relieved our state wasn't ranked last, 37th isn't something to brag about. Our Fort Lauderdale personal injury attorneys would like to tell you that our state's average test score was 76.5 percent. We only scored a 0.3 above the national average. It's no surprise that we see so many fatal accidents on our roadways. It is with adequate driver education that we can attempt to turn around these statistics and scores to help make our roads safer for everyone.

The nation's average score was 77.9 percent. This is an increase of 1.7 percent from the previous year. Still, these results show that a number of U.S. drivers lack basic driving knowledge and engage in dangerous driving habits. According to the test results, about 85 percent of drivers were unable to identify the correct action to take when approaching a steady yellow light. Another 25 percent were unable to identify what a safe following distance is.

Without knowledge of the basic driving rules and regulations, a number of drivers are at risk of being involved in a serious or fatal accident. GMAC conducts this National Drivers Test to remind all motorists that it is critical to re-up their driving skills and knowledge before they do experience one of these accidents.

Highlights from the GMAC National Drivers Test:

-Men typically test better than women. Men test scores averaged at 80.2, while women averaged a 74.1 percent. One out of every four women tested return a failing score.

-The Northeast region of the country scored the worst with an average of 74.9 percent.

-The Midwest region returned the tops test scores with an average of 77.5 percent.

-Older drivers, ages 60 to 65, submitted the highest test scores of any age group. Their average score was an 80.3 percent.

-One of every three drivers in New York and Washington D.C. failed the test.

-Wyoming returned the lowest percentage of failures.

You are urged to take the National Drivers Test to see where your driving skills stand.

Continue reading "Florida Ranks 37th Nationwide in Driving Skills" »

The summer months are here and so are higher risks for a car accident in Fort Lauderdale and elsewhere throughout the United States.

The U.S. Department of Transportation recently released a consumer advisory urging all motorists to check the inflation of their tires and to check for signs of tread wear and damage. This advisory coincides with National Tire Safety Week. The summer heat and scorching pavement increase your risks for a tire-related accident.

"As the weather warms up, it's especially important for drivers to ensure their tires are properly inflated," Secretary Ray LaHood said. "For your safety and the safety of others on the road, inspect your tires regularly and maintain the proper inflation."

Our West Palm personal injury attorneys understand that many residents will be venturing out onto the roads for vacations this time of year. For this reason, safety advocates are urging motorists to take the proper safety cautions to ensure your safety behind the wheel this summer. Please take proper care of your vehicle to help keep you, your family and other motorists on our roadways safe during the next few months of busy travel.

According to the most recent data from the Department's National Highway Traffic Safety Administration, roughly 3,400 people died from tire-related accidents from 2005 to 2009. Another 116,000 were injured.

"While it's true improperly maintained tires can contribute to a crash at any time of year, it is particularly critical for motorists to check tires during hot weather, when families and luggage often overload vehicles for long vacation trips," NHTSA Administrator David Strickland warned. "Underinflated tires spinning on hot asphalt for extended periods of time can be a recipe for disaster."

Motorists are urged to check their tire pressure regularly, especially before long trips. You are also urged to make sure your tires have not significantly aged. Hot weather and aging tires can prove to be a deadly combination because older tires are more susceptible to head stress. This risk increases even more if the aged tires are not properly inflated. Motorists can check the sidewall of their tires to see how old they are. You can also check with the owner's manual or the with the tire manufacturer for recommendations on how often you should change you tires.

Inflating your tires to the proper PSI (pound per square inch) can also help you keep some cash in your pocket as the Department of Energy's reports that under-inflated tires can lower your vehicle's gas mileage by nearly 0.5 percent for every 1 PSI drop in pressure of all four tires.

In vehicles with a fuel-economy rating of 30 miles per gallon and a tire pressure recommendation of 35 PSI, a tire pressure drop of just 25 percent would cost you a loss of nearly 9 percent in fuel economy. This means you would lose almost three miles per gallon.

Continue reading "New Consumer Report Flags Tire Pressure as Cause of Car Accidents in West Palm and Elsewhere" »

Florida has the most pedestrian deaths in the country, ranking it the most dangerous place for pedestrians, according to a pedestrian safety report released by Transportation For America.

The 2011 edition looks back on the 47,000 people killed walking along roadways in the United States. It also looks back on the 688,000 injuries sustained from these pedestrian accidents in Fort Lauderdale and elsewhere throughout the country. Now, in an attempt to reduce the risks of these accidents, Dangerous by Design 2011 will examine the information and attempt to form solutions for these preventable deaths.

The new report comes with a number of features. You are able to view fact sheets that are specific to each of the 50 states and you can even look, through interactive pedestrian maps, at the pedestrian fatalities that have occurred in your very own community.

Our Miami personal injury lawyers would like to stress the importance of this report as it illustrates our deadly streets. Florida experienced the most pedestrian deaths during the examined time period, 2000 to 2009. Florida metro areas took the first, second, third and fourth place for having the most dangerous metro areas in the country. We hope the release of this report will help raise awareness about the importance of safe and alert driving.

During the studied years, more than 5,000 people were killed while walking the streets of Florida. These accidents cost the state more than $22 billion. The Sunshine State has a Pedestrian Danger Index (PDI) of 182.8, which is what gives our state the number one ranking out of all 50 states.

The areas that saw the most pedestrian fatalities in Florida are:

-Miami-Fort Lauderdale-Pompano Beach, 1,555

-Tampa-St. Petersburg-Clearwater, 905

-Orlando-Kissimmee, 557

-Jacksonville, 342

-Cape Coral-Fort Myers, 178

Most of these pedestrian accidents happen along arterial roads. These roads are dangerous by design as they fall under federal construction and planning and are meant to accommodate speedy traffic flow. These roadways have little to no safety provisions for on-foot travelers.

The highways-only lobbyists insist that pedestrian safety is a mere luxury, an unnecessary feature, that is the responsibility of local government. Meanwhile, almost 70 percent of these pedestrian deaths occurred on federal-aid roads.

The federal funding that goes toward the safety of pedestrians only makes us less than 1.5 percent of the entire federal transportation outlay. This tiny bit of funding may cease as Congress is currently looking at eliminating it altogether. Shouldn't we have a say in where our tax dollars go?

If you would like to help increase the safety of our roadways, you are asked to contact Congress to tell them that it is no time to start cutting funding that could keep our pedestrians safe.

Continue reading "New Report Ranks Florida First in Fatal Pedestrian Accidents" »

The Sun Sentinel recently reported on the tragic death of motorcyclist who was killed when he was hit by a vehicle traveling in the wrong direction.

Our Palm Beach injury lawyers and Fort Lauderdale motorcycle accident attorneys know that many times motorcycle accidents involving another vehicle are not the fault of the rider but of the driver.

As in this case, a 48-year old Coconut Creek man and father of two was killed, west of Boca Raton, when he was struck by a driver traveling south in northbound lanes. The Palm Beach County Sheriff's Office reports the rider was traveling north on State Road 7, near Grand Verde Way, around 3:00 a.m. on his Harley Davidson Sportster when he was hit by a 2000 Lexus GS 300.

The 60-year-old driver of the vehicle was headed south in the northbound lanes of State Road 7. When the rider saw the car he changed lanes to get out of the way. Unfortunately the driver realized he was in the wrong lane and changed lanes too. The rider was thrown from his Harley and died on impact. The driver of the Lexus crashed into the center median. It is unknown why the driver of the car was in the wrong lane and the crash remains under investigation.

The National Highway Traffic Safety Administration (NHTSA) reported that 5,290 motorcyclists were killed and an additional 96,000 were injured in 2008.

According to Ride Smart Florida Florida had 402 motorcycle fatalities and 8,202 injuries in 2009.

The following was true for Florida motorcycle crashes during 2008:

-38 was the average age for fatalities.
-31 percent of fatal accidents occurred in March, April and May.
-32 percent of fatalities were from a traumatic brain injury.
-46 percent of those injured did not have insurance.
-41 percent of fatal crashes were alcohol-related.
-$47,440 was the average cost for a hospital stay.

As of July 2008, Florida requires mandatory training to get a motorcycle endorsement. Training includes at least 12 hours of classroom time and at least 6 hours of motorcycle riding time.
Keep yourself safe while riding:

-Always wear a properly fitting DOT helmet.
-Don't speed and know your bike's limitations.
-Never tailgate other vehicles.
-Use your signals, don't weave through traffic or ride on the shoulder.
-Make yourself visible, use your headlights and don't ride in vehicle blind spots.
-Use both your brakes at the same time, nice and steady.

Continue reading "Motorcycle Accidents Common on Palm Beach Roads" »

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

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

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

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

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

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

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

Before you plan or take your next trip on a commercial bus, passengers are encouraged to check Bus/Passenger Carrier Information for reputable companies with high safety ratings.

Continue reading "Tour Bus Accidents a Common Danger in Fort Lauderdale, West Palm Beach" »

With the excitement of the Heat participating in the NBA playoffs and baseball season in full swing, it is probably a good time to remind motorists to drink responsibly at the game in an effort to avoid a drunk driving accident in Miami or elsewhere in South Florida.

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

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

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

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

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

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

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

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

-If you drink, know your limit and cut yourself off well before you reach it. If you have had too much to drink, ask a responsible party to drive you home or sit with you in the parking lot long after the game has ended.

Continue reading "Sporting Events a High Risk for Drunk Driving Accidents in Fort Lauderdale, Miami" »

Throughout April, the National Safety Council (NSC) and FocusDriven are asking American's to be considerate of other motorists on our roadways and request that drivers stop using their cell phones behind the wheel during the inaugural National Distracted Driving Awareness Month. It is estimated that nearly 30 percent of all accidents -- roughly 1.6 million crashes each year -- are the result of drivers using cell phones and texting while driving.

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

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

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

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

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

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

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

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

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

Police-reported accidents provide alarming statistics:

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

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

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

-Drivers under the age of 20 had the highest proportion of distracted drivers that were involved in fatal accidents. The younger age groups also recorded the most fatal distracted driving incidents.

Continue reading "April Marks National Distracted Driving Awareness Month - Risk of Miami Car Accidents Increases with Distracted Driving" »

The Florida Legislature recently started the process of passing two bills that could put part of the blame on the victim in cases where accidents involve a defective vehicle, Automotive Discovery. Currently, Florida law deems the manufacturer to be completely responsible for serious or fatal injuries that result from a Palm Beach car accident caused by a defective product.

Our Fort Lauderdale personal injury lawyers urge you to stand against these bills as manufacturers need to take full responsibility when a defective automobile results in serious or fatal injury to a consumer.

“What they decided was the jury would not be able to hear all the evidence in these types of cases. And that’s wrong. That’s absolutely wrong,” said Sen. John Thrasher.

The bills come after the Florida Supreme Court sided with Ford Motor Co. and other automobile manufacturers when a trial neglected to allow jurors to consider the cause of an accident, according to The Palm Beach Post. This is was D’Amario vs. Ford Motor Co. case.

“We Floridians buy these vehicles and we are led to believe that they will be safe, and safe from inherent defects that will cause secondary issues that can cause even more damage, injuries to people,” said Sen. Maria Sachs, R-Delray Beach. “Those manufacturers should be held accountable whether it’s a tractor, a motor vehicle.”

The bill “changes Florida law to permit juries in a Florida courtroom to hear all of the facts leading up to a products liability case, thereby allowing that jury to apportion fault,” said Sen. Garrett Richter, R-Naples, sponsor of SB 142. “It’s an opportunity to put all the facts on the table.”

We urge you to contact your Florida House of Representative to express your opposition to these bills. Because of these new bills, it is now more important than ever to contact an experienced attorney if you've been involved in a car accident you believe may be the result of a defective product.

Continue reading "Florida measures would force victims to share fault in Fort Lauderdale accidents caused by vehicle defects" »

The National Safety Council (NSC) recently released new statistics showing the United States experienced a decrease in the number of car accident fatalities for the fourth-consecutive year in a row. The NSC found that there were approximately 34,700 motor vehicle fatalities in 2010 -- a 3 percent decrease from 2009 and the lowest total since 1949.

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

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

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

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

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

According to the NHTSA, Florida experienced nearly 750 fatalities from car accidents in 2008. Roughly 1,700 vehicles were involved in these Florida accidents. Although these numbers seem high, Floridians have been altogether safer on our roadways. The Sunshine State saw a 14 percent decrease in car accident fatality numbers from 2008 to 2010. Our drivers should still remain on alert as our roads are often filled with tourists, snowbirds and other drivers unfamiliar with our roadways.

Continue reading "Decreased Number of Roadway Fatalities not to be Taken Lightly for West Palm Beach Car Accidents" »

The Miami Herald recently reported the arrest of a Fort Lauderdale man accused of causing the death of a Miami Heat dancer in a DUI accident last September.

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

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

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

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

The distraught family, after finding out the man charged was released on bond the following day, wants to see justice served according to Bradenton. Believing in the system is the only hope they have to keep drunk drivers off the streets. This tragedy has changed the lives of several but sending a message to not drink and drive can prevent other families from enduring another senseless tragedy.

Continue reading "Man charged in Fort Lauderdale drunk driving accident that claimed life of Miami Heat dancer" »

The horror of seeing a tractor trailer stop suddenly in front of you while driving strikes fear in us all. Our Fort Lauderdale personal injury attorneys know the catastrophic and often fatal injuries caused when passenger vehicles are involved in a Florida trucking accident.

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

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

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

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

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

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

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

"Under current certification standards, the trailer, underride guard, bolts, and welding don't have to be tested as a whole system. That's a big part of the problem. Some manufacturers do test guards on the trailer. We think all guards should be evaluated this way. Underride standards haven't kept pace with improvements in passenger vehicle crashworthiness. Absent regulation, there's little incentive for manufacturers to improve underride countermeasures, so we hope NHTSA will move quickly on our petition," says Adrian Lund, Institute president.

Continue reading "Rear-end accidents involving tractor-trailers a deadly cause of car accidents in West Palm Beach, Fort Lauderdale " »

Many Florida drivers find Spring Break traffic incredibly frustrating. It's as if the tourism season goes out with a bang every year. The aggravation of sitting in traffic or dealing with motorist who don't know where they are going is probably mounting. Just remember, aggressive driving behaviors lead to a higher risk of car accidents in Miami, Palm Beach, and elsewhere in the state.

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

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

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

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

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

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

We have all been there, especially this time of year. State Senator Mike Bennett may have one possible solution to help reduce some incidents related to road rage. According to WTSP 10 News, the Senator has proposed a bill that would require drivers to stay out of the far left lane on two or more lane streets and interstates. Though the amount of the fine has not been determined yet, any driver who remains in the far left lane, with the exception of passing, would be fined. Secondly, the bill proposes that drivers who drive too aggressively around motorist who aren't getting out of the left lane will also be fined. There are more than 20 other states that already have a similar law in place. Senator Bennett is hopeful that the new law would reduce road rage, reduce crowding on congested interstates, and lure motorists to be more courteous to other drivers if they know they will be fined.

Continue reading "Road Rage often leads to Palm Beach car accidents" »

Whether you are spending the week in Florida for Spring Break or just making it a long 3-day weekend, motorists are reminded to celebrate responsibly. As we conclude our Spring Break 2011 series of related topics on teen drivers, distracted driving and drunk driving, we want to remind motorists to have fun and to stay safe.

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

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

-Saint Patrick was the patron saint of Ireland.

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

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

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

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

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

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

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

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

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

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

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

Young adults need to know their limit for alcohol consumption. Binge drinking can lead to serious injury or even fatality not only in car accidents but in other personal injury accidents like drowning or acts of violence. Be responsible and in control at all times in order to avoid these kinds of accidents.

Continue reading "St. Patrick's Day beginning of dangerous month of car accidents in Palm Beach, Fort Lauderdale" »

Daytona Beach plays host to half a million bikers and motorcycle enthusiasts each year as Bike Week begins March 4th and runs through March 13th. And to think this all started back in 1937 when the first motorcycle race took place on a 3.2 mile beach and sand course.

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

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

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

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

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

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

Continue reading "Fort Lauderdale motorcycle accidents a Bike Week danger" »

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.

Continue reading "No law against texting and driving leaves motorists at high risk of Fort Lauderdale car accidents" »

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

Continue reading "Intersections common site of Palm Beach car accidents" »

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.

Continue reading "Spring Break dangerous time for drunk driving car accidents in Fort Lauderdale " »

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.

Continue reading "Aggressive driving frequent cause of Fort Lauderdale car crashes during tourism season" »

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.

Continue reading "President's Day signals height of tourism season, increased risk of car accidents in Fort Lauderdale, West Palm" »

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.

Continue reading "Side-impact crashes linked to 1 in 5 fatal Fort Lauderdale car accidents" »

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.

Continue reading "Aggressive driving linked to nearly 1,000 fatal Florida car accidents" »

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.

Continue reading "Teens not only victims of car accidents in Port St. Lucie, Fort Pierce" »

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.

Continue reading "Feds continue fight against distracted driving; common cause of car accidents in Port St. Lucie, Fort Pierce" »

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.

Continue reading "Use care to avoid trucking accidents in Fort Lauderdale, West Palm Beach" »

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.

Continue reading "More traffic brings increased risk of pedestrian accidents in West Palm Beach, Fort Lauderdale" »

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.

Continue reading "In-car distractions common cause of Fort Lauderdale car accidents" »

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.

Continue reading "Seniors and teens at high risk of car accidents from Fort Pierce to Fort Lauderdale" »

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.

Continue reading "Employer cell phone policies making strides in reducing South Florida car accidents" »

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.

Continue reading "Bad roads can lead to personal injury or wrongful death claims in Fort Lauderdale " »

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.

Continue reading "Nationwide seat-belt usage rates mirror Florida's as authorities seek injury reduction in traffic crashes" »

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.

Continue reading "Resolve to help reduce risk of teen car accidents in Port St. Lucie in 2011" »

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.

Continue reading "Defective vehicles a risk in Port St. Lucie car accidents" »

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.

Continue reading "Speeding a leading cause of holiday car accident in Fort Lauderdale, Margate, elsewhere in South Florida" »

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.

Continue reading "Don’t be a victim of pedestrian accident in Fort Lauderdale this holiday season" »

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.

Continue reading "Sleep drivers a holiday danger - avoiding Fort Lauderdale car accidents requires plenty of rest" »

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.

Continue reading "Drug effects can result in car accidents in St. Lucie, Fort Lauderdale" »

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 , 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.

Continue reading "Lack of distracted driving laws a concern for Florida drivers" »

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.

Continue reading "Authorities cracking down on Fort Lauderdale car accidents caused by drivers under the influence of drugs" »

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.

Continue reading "New rules aim to reduce risk of pedestrian, backover accidents in Fort Lauderdale, West Palm Beach" »

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.

Continue reading "Distracted driving and child restraint key contributors to car accidents in Fort Lauderdale, Hollywood, West Palm Beach" »

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.

Continue reading "Leyritz case illustrates difference in civil and criminal liability for Fort Lauderdale drunk driving accidents" »

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."

Continue reading "Patrol looking for seat belt violators in effort to reduce Port St. Lucie injury accidents this Thanksgiving" »

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

Continue reading "Heavy traffic increases risk of Fort Lauderdale car accidents through Thanksgiving holiday" »

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.

Continue reading "Early dark increases risk of pedestrian accidents in South Florida, including Port St. Lucie and Fort Lauderdale" »

Florida authorities are joining forces to reduce the number of traffic accidents involving stopped emergency vehicles or construction zones, where crashes are among the leading causes of fatal South Florida road construction accidents, according to the Department of Highway Safety and Motor Vehicles.

Construction zones and stopped emergency vehicles are a break from the driving norm, and can also pose distractions for highway drivers. Consequently there is an increased risk of car accidents in West Palm Beach, Fort Lauderdale and throughout South Florida.

Law enforcement agencies from throughout the southeastern United States announced a campaign aimed at motorists who violate the "Move Over" laws of each state. The Florida Highway Patrol will join the Alabama Department of Public Safety, Georgia State Patrol, Tennessee Highway Patrol and South Carolina Highway Patrol in taking enforcement action against motorists who do not move over or slow down for stopped emergency vehicle's or road crews displaying flashing lights.

“All too often, a law enforcement officer, paramedic or wrecker operator is seriously injured or killed just doing their job because a vehicle got too close,” said Florida Highway Patrol Director, Colonel John Czernis. “That is why our law includes protection for all first responders, emergency personnel and wrecker operators. All of these people put their lives at risk. Every one of them deserves protection under the law.”

The campaign is scheduled to run from Nov. 6 to Nov. 12. While officials have not said how they will conduct enforcement, it typically involves a decoy cruiser at the side of the road with activated emergency lights. Chase vehicles are then used to stop and ticket violators.

Florida law requires motorists to vacate the lane closest to a stopped emergency vehicle or wrecker with flashing lights. If moving over is not possible, a driver must slow to 20 mph below the posted speed limit.

Continue reading "State enforcement of Move Over law aims to reduce chance of car accidents in West Palm Beach, throughout South Florida" »

The scariest thing on the roads and sidewalks this Halloween may have nothing to do with the ghosts and goblins haunting your neighborhood.

The National Highway Traffic and Safety Administration reports that almost 5,000 motorists have died on the road during Halloween Week in the last decade, making it among the most dangerous weeks on the road. More than half of those fatalities were the result of drunk driving accidents. Nationwide, authorities will be conducting an "Over the Limit. Under Arrest" drunk driving crackdown from Oct. 25-31.

In addition to the risk for Fort Lauderdale car accidents, parents and children alike are at high risk for pedestrian accidents in West Palm Beach, Fort Lauderdale and throughout South Florida as walking sidewalks in the dark is, for most, a once-a-year activity.

Premise liability concerns can include slip-and-fall accidents, dog attacks, swimming pool accidents and other common property claims that become even more common around the strange occurrences of Halloween.

Injuries to children most often involve cuts or lacerations to the hands or fingers and most frequently involve kids ages 10 to 14, according to the American Academy of Orthopedic Surgeons, which reports that Halloween is among the holidays with the highest incidents of emergency room visits.

The Florida Department of Highway Safety and Motor Vehicles offers the following safety tips:

Motorists

-Stay alert and watch for bicycles and pedestrians.

-Kids will be excited and may suddenly dart into traffic from between parked cars.

-Be particularly cautious in areas with cars parked along the streets.

-Watch for children in the streets, especially in areas where there are no sidewalks.

-Be patient and slow down.

Parents and Caregivers

-Put children in light colored costumes.

-Use reflective tape to improve visibility.

-Make sure costumes do not create trip hazards or obstruct vision.

-Children should wear good shoes.

Continue reading "Real spooks of Halloween: Car accidents, pedestrian accidents, premise liability dangers in Fort Lauderdale and West Palm" »

For the elementary school students at Pine Joe Elementary in West Palm Beach, participating in the Oct. 6 Walk to School day event meant more than getting some fresh air and a traffic safety lessons on their way to and from school, the Sun Sentinel reports.

For them, as much as it was about exercise, it was also about remembering a popular 8-year-old classmate who was struck and killed while riding his bicycle home from school a month ago. More than 20 elementary schools in Broward and Palm Beach Counties and West Palm Beach chose to participate in this year’s event – now in its 13th year – joining 3,200 schools across the country and student from more than 40 countries around the globe.

West Palm Beach pedestrian accident lawyers know that each year more than 39,000 children aged 14 and younger are injured in pedestrian accidents and another 630 are killed in pedestrian-related traffic fatalities. But thanks to safety organizations like Safe Kids USA and awareness campaigns like International Walk to School Day and Safe Routes to School, from 1995 to 2005 the number of child pedestrians killed each year has dropped by more than 50 percent.

The Florida Department of Transportation has distributed more than $29 million in federal SRTS funds to implement and sustain projects that promote bicycle and pedestrian safety. Aside from traffic safety, SRTS also emphasizes a pro-environmental message and endorses healthy, active, lifestyle by encouraging students to skip the bus and walk or pedal from home to campus each day.

Funding can be used for sidewalk and crosswalk improvement projects, disability access ramps, school zone signage and equipment to assist crossing guards and police who work with school children.

Safe Kids offers a few top tips to help kids master safe pedestrian behaviors:

~ Before crossing any street, STOP. Look left and right twice and make sure the street is clear before crossing. Always walk, never run.

~ Always walk facing traffic and obey all traffic signals and signs.

~ Never let a child under age 10 cross streets unsupervised or unassisted. Teach children to wear bright clothing during the day, and reflective clothing if they have to walk when it is dark. Teach them to carry and use a flashlight when visibility is limited.

~ Parking lots and driveways are not safe play areas for children, neither are streets or unfenced yards that abut streets.

Even First Lady Michelle Obama is excited about this year’s month-long awareness campaign. “I know that by getting students moving, we can help ensure they will live full and healthy lives, and that is why I am so encouraged by all the events going on across our country this month," said the First Lady.

Continue reading "Student safety campaign aims to reduce pedestrian accidents in Fort Lauderdale, West Palm Beach" »

The Florida Department of Highway Safety and Motor Vehicles is urging residents to wear white on Tuesday as part of a statewide "White Out" of teen traffic accidents. The awareness effort is part of National Teen Driver Safety Week, which runs from Oct. 17 to 23.

Car accidents in Fort Lauderdale, West Palm Beach and elsewhere in Florida, are the number one cause of death among teenagers. The National Highway Traffic Safety Administration reports that 6,428 motorists were killed in accidents involving teen drivers in 2008. Florida car accidents involving teen drivers killed 516. Only California and Texas reported more deaths involving young drivers.

“The number of teens who died in traffic crashes dropped 21 percent between 2008 and 2009, which signals that Florida is heading in the right direction,” said DHSMV Executive Director Julie Jones. “Despite the decline, 153 families felt the impact last year when they lost their teens to crashes. No one wants to see someone with their whole life ahead of them die, especially when the cause of death is preventable. Join us Oct. 19 as we white out teen crashes.”

Teen drivers and the risk of Florida car accidents

-772,910 teens are licensed to drive in Florida.

-29,485 crashes involved teens last year.

-153 teens died in Florida car accidents in 2009, and 19,292 teens were injured.

-Florida teens make up 5 percent of the state's population but are involved in more than 9 percent of its traffic accidents.

The state's Take the Wheel website is an interactive site for teen drivers. It's Drive with CARE program teaches parents and teenagers about Courtesy, Attention, Responsibility and Experience.

Continue reading "Tuesday's "White Out" aims to highlight risk of car accidents involving teenagers in Fort Lauderdale and throughout Florida " »

NHTSA promotes seat belt use as powerful injury-prevention tool for South Florida drivers

A two-car accident on I-385 in South Carolina between a 2006 Toyota sedan and 2011 Chevrolet SUV carrying the driver and six passengers, all from South Florida, left one dead and sent seven to an area hospital in a crash that could have had much more deadly consequences. According to WSPA-7, all but one involved were wearing seat belts at the time of the accident.

Our West Palm Beach injury attorneys recognize that sometimes seat belts save lives. Tragically, in other cases they do not. But, as we reported in an earlier post to our Fort Lauderdale Car Accident attorney blog, the National Highway Traffic Safety Administration reported that in 2009 alone, more than 12,000 lives were saved just by passengers and drivers choosing to buckle up.

In fact, U.S. Transportation Secretary Ray LaHood just announced that NHTSA ongoing agency-generated safety programs have been successful in encouraging seat belt usage. Since 1994, the number of passengers and drivers using seat belts has climbed from 58 percent to 85 percent as the number of unrestrained passenger vehicle fatalities has dropped from 57 percent to 44 percent. In an effort to educate the public regarding proper seat belt use, air bag deployment and even buckling up while pregnant, the NHTSA offers a few tips for drivers and passengers:

ABOUT SEAT BELTS:

~ Wearing a seat belt is the simplest and easiest way to protect vehicle occupants from impaired, distracted and aggressive driving and from injury or death in the event of a car accident.

~ Seat belt use and air bag deployment are tandem, potentially life-saving, mechanisms. An air bag alone does little protect a driver or passenger during a crash. In fact, in some cases, air bags can increase the chance of injury or death because they deploy with such force.

~ How a seat belt fits is important. The lap belt and shoulder strap should fit securely across the pelvis near the hip crease and the shoulder belt should rest across the shoulder and rib cage. For best results, all vehicle occupants should buckle up.

SEAT-BELT & AIR BAG SAFETY WHILE PREGNANT:

~ Medical professionals recommend that pregnant women always wear a seat belt and enable air bag deployment. With that said, as mentioned above, air bags without seat belts can create their own safety hazards.

~ As you belly grows, so should the space between you and the steering wheel/dashboard. As long as you can comfortably reach the pedals, pregnant drivers should maintain a 10-inch space between their abdomen and the steering wheel.

Continue reading "Government continues to push seat belts to prevent injuries in Fort Lauderdale car accidents" »

A 12-year-old Swain Middle School student was struck and seriously injured Sept. 23 after getting off a school bus and running into the path of a northbound Mercedes-Benz, the Palm Beach Post reports.

As our West Palm Beach pedestrian accident attorneys have noted in an early post to our South Florida Injury Lawyer blog, school bus accidents are most common during the start of the school year and most school-bus related fatalities involve pedestrian accidents. In fact, on average, 14 out of 19 school transportation-related crashes annually claim the lives of school-age child pedestrians who are most frequently killed between 3 and 4 p.m.

The National Highway Traffic Safety Administration reports that most fatalities involving school transportation happen when students are getting on or off the bus and enter the 10-ft. “danger zone” encircling a bus. The NHTSA offers a few tips to making school bus travel safer for students:

~ Students need to S-L-O-W D-O-W-N and focus on their surroundings when they are getting on and off a bus. Students should never assume the bus driver or other motorists are waiting for them to act.

~ Students should NEVER bend down to retrieve an item (book-bag, jacket, lunchbox, etc.) dropped while getting on or off a bus.

~ Students should always board or disembark from a bus individually. Getting on or off a bus is not a group activity.

~ Teach students to make eye contact with the bus driver before getting on the bus and to stop and look both ways before getting off a bus.

~ Teach students about the five-step zone that surrounds a school bus where neither bus drivers nor fellow motorists can spot a child.

~ Teach students to NEVER walk or run from the edge of a bus or from beyond the “danger zone” without first stopping and looking in all directions. That only when the road is clear and the bus driver indicates it is safe should a student cross and enter a roadway.

Click here for a safety video to view with your children.

Continue reading "12-year-old school bus rider seriously injured in South Florida pedestrian accident " »

A North Miami resident and University of Wyoming freshman linebacker was killed and three of his fellow teammates were injured when their car rolled during an early morning one-car accident in Colorado, the Miami Herald reports.

The 19-year-old is remembered as a Hollywood Chaminade-Madonna football star and the 2009 All-Broward County linebacker. According to police reports, it is believed the driver fell asleep and there is no evidence that drugs or alcohol played a role in the accident.

As noted in an earlier post to our South Florida Injury Lawyer blog, car accidents are the leading cause of death for teens aged 15-20 and responsible for one in three deaths in this age group. In 2008, 2,739 teenagers were killed in car accidents nationwide, 195 in Florida car accidents.

In fact, teen drivers in Florida are involved in more car accidents and more fatal car accidents than anywhere else in the nation. Florida teens also rank second in the nation for the number of alcohol-related crashes, the Florida Sheriffs Association reports.

Per mile, teen drivers are four times more likely than older drivers to crash. In 2008 alone, more than 350,000 teenager drivers and passengers across the U.S. were injured badly enough to require emergency care, according to the Center for Disease Control.

Of all teen drivers, males, teen drivers with teen passengers and newly licensed teens are most likely to be killed or injured in a car accident. Factors that add risk to teen driving include: inexperience and underestimation of dangerous situations; speeding; risky driving; drinking alcohol and driving; and not wearing a seat belt.

In 2009, there were 772,910 licensed Florida drivers aged 15-19 involved in 29,482 reported Florida car accidents that claimed 242 lives, an increase of almost 50 fatalities over 2008. This same age group was involved in 849 alcohol-related car accidents that killed 127, the Florida Highway Safety and Motor Vehicle reports.

Continue reading "Former high school football star's death illustrates risk to teen drivers involved in Florida car accidents" »

A 26-year-old Lantana woman and her passenger were both seriously injured after the driver blacked out and crashed her Honda Civic into a home off West Ocean Avenue Sunday afternoon, the Palm Beach Post News reports.

Officers responding to the Palm Beach car accident reported that the driver had not taken her anti-seizure medication prior to getting behind the wheel which led to the blackout. An eight-year-old boy playing a video game in the living room of the home was unhurt, although obviously quite startled.

For the family of the eight-year-old boy, repairing broken glass and some smashed concrete and replacing a couple mailboxes and street signs seem grateful tasks. That the child was unhurt despite standing six-feet from where the Civic came to rest after smashing through the living room, a blessing. Neither the driver nor her passenger was so lucky. The driver remains in serious condition and her passenger is critical.

Dealing with car accidents caused by side effects of medication is a significant issue in South Florida, particularly with the large number of retired and elderly drivers. Hiring an experienced attorney can assist a victim in determining if medication played a roll in a crash as often times law enforcement will not be able to make such a determination at the scene.

Consulting an experienced West Palm Beach car accident attorney can help victims preserve their rights and regain control of their lives. Our team of lawyers, investigators, medical professional and support staff bring years of experience to every car accident claim and know what steps to take to maximize your recovery for damages. If you or someone you love has been seriously injured in a South Florida car accident, speaking with an attorney can help you protect your rights and plan for your future.

Continue reading "Palm Beach car accident leaves two seriously injured at Delray Medical Center" »

Driver fatigue has been linked to more than 100,000 serious car accidents annually that leave 71,000 people injured, 1,550 dead and cost more than $12.5 billion in damages and lost wages, the National Highway Traffic Safety Administration reports.

For the family of eight-year-old Ronshay Dugan, who was killed two years ago in a Tallahassee multi-vehicle crash involving the school bus she was riding, a cement truck, an SUV and a van, the reality of driver fatigue is much more than a statistic. For them it is a grim reminder of their tragic loss that has become a mission in public awareness.

West Palm Beach car accident attorneys at Freeman & Mallard LLC understand the legacy of pain and suffering that can accompany a South Florida car accident when a loved one is seriously injured or killed. Our team of lawyers, investigators, medical professional and support staff recognize the emotional, physical and financial devastation that can be caused by someone’s negligence. Our mission is to help victims preserve their rights and regain control of their lives.

For the Dugans, one step in that direction involves the passage of the 2010 Ronshay Dugans Act which designates the first week of September as Drowsy Driving Prevention Week. Through this awareness campaign, the family hopes to expose Florida drivers to the dangers of driving while tired.

“Ronshay’s family shares the story of their tragic loss so that others don’t have to experience the same,” said State Rep. Alan Williams, who sponsored the Act. “Drowsy driving decreases awareness slows reaction time and impairs judgment. The catastrophic losses that can occur when drivers doze off at the wheel can be prevented, and we want drivers to plan their daily commute and long trips accordingly so that they can arrive safely at their destinations.”

Tips for avoiding drowsy driving:

overconfident and fall victim to drowsy driving. Measures that drivers can take to stay alert behind the steering wheel are:

-Get a good night's sleep.

-Ride with a friend.

-Stop and take a break every few hours.

-Don't drink and drive

-Beware the side effects of prescription medication

Continue reading "South Florida drivers beware: drowsy driving linked to 1,500 fatal car accidents annually " »

Last week Toyota rolled out one of its largest recalls since the auto manufacturer started recalling cars and trucks in October 2009. Toyota is recalling 1.3 million Corolla and Matrix models in the U.S. and Canada that may contain a defective part in the engine control module responsible for regulating engine performance, wftv.com reports.

The recall includes an additional 161,754 Pontiac Vibe vehicles build as a joint venture between Toyota and General Motors. It is believed the defect may cause some of the module circuit boards to crack which could lead to an engine stall or prevent it from starting. Three accidents have been tentatively linked to the failed circuit board, though Toyota says the link has not been confirmed.

The Fort Lauderdale product liability attorneys at Freeman & Mallard understands the complexities of defective product cases. Our staff fights for the rights of consumers who have been injured or killed in all types of defective product cases, including defective vehicles, medical devices, child toys and other consumer goods. At Freeman & Mallard, our goal is to protect those who are not able to protect themselves. We will review your defective product case and if we can help, we will pay the cost of litigating your case. You will pay us nothing unless we win.

Toyota has now recalled almost 11 million vehicles in the last year, the Detroit News reports. The latest recall was issued on the heels of a National Highway Traffic Safety Administration review. The NHTSA investigation has been ongoing since November 2009.

For vehicles no longer under warranty, Toyota is reimbursing owners who have paid for repairs out-of-pocket and plans to notify all Toyota Corolla and Matrix drivers by mail of the recall starting mid-September.

Continue reading "Ongoing Toyota recalls highlights dangers of West Palm Beach car accidents caused by defective vehicles" »

While it is a sensitive issue, the fact of the matter is that elderly drivers are at increased risk of being involved in a Port St. Lucie car accident.

The National Highway Traffic Safety Administration reports there were 31 million older drivers on the road in 2007, an increase of nearly 20 percent from a decade ago. And that number is expected to explode in the coming decade as the Baby Boomers hit the road to retirement. Perhaps nowhere will it be a bigger issue than in Florida, Arizona and other states favored by retirees.

Helping an older adult decide when it's time to hang up the keys is a discussion that "is happening all across the United States in families up and down the streets every day," said Elinor Ginzler, a senior vice president of AARP. "It's a huge issue."

In 2008, more than 183,000 senior citizens were involved in traffic accidents. Seniors were involved in 474 fatal car accidents in Florida -- the most of any state in the nation.

And seniors are hanging on to their driver's licenses for longer than ever before. The percentage of people over the age of 70 who remain licensed to drive has increased in the last decade, from 73 percent to 78 percent, according to a recent report in the Washington Post. And drivers who are 75 or older are twice as likely to say they plan to drive into their 90s than those who are 65 to 74.

They are also most at-risk: A government study found that those over the age of 75 were more likely to be involved in a fatal crash than drivers in any other age group.

"In the old days, or even 20 years ago, people just did not live long enough for this to be a problem," Elin Schold-Davis, head of the American Occupational Therapy Association's Older Driver Initiative, told the USA Today. "People are living with a level of impairment that is unprecedented."

That includes heart disease, stroke, diabetes, Alzheimer's, dementia and Parkinson's disease.

Some states are seeking to enact tighter restrictions for older drivers. Massachusetts recently enacted a law requiring driver's license renewals to occur in person for some senior drivers. Like most driving safety issues, Florida has done nothing to address the issue.

Continue reading "Port St. Lucie car accidents involving older drivers a growing concern" »

Florida is among the states that do not require seat belts for all rear-seat passengers, according to an analysis by USA Today that examined passenger-safety initiatives in all 50 states.

Palm Beach car accidents frequently lead to serious or fatal injuries, whether or not a person was wearing their seat belt. And we have all heard stories of people who survived an accident because they were not belted. But seat belts save lives and the push to force back seat passengers to buckle up is gaining momentum across the country.

It comes as no real surprise that Florida is behind on the issue. As our West Palm Beach injury lawyers have reported, Florida is among the deadliest states in the nation and is one of a dwindling number that have no law against text messaging or use of a cell phone while behind the wheel.

Presently, half of all states permit backseat adult passengers to ride without buckling up. Six states -- Texas, New Jersey, Minnesota, Louisiana, Kansas and Indiana -- have enacted laws covering rear-seat passengers since 2007, according to the Insurance Institute for Highway Safety.

Twenty-five states now require seat belts for all passengers.

"The gaps with regard to children younger than 16 have almost all been closed, but there are still gaps for adults," said the Institute's Michele Fields.

Seat-belt use has been rising steadily for decades as states moved to primary enforcement -- meaning a motorist can be stopped and ticketed for noncompliance, regardless of whether they are violating other traffic laws. The National Highway Traffic Safety Administration reports that 84 percent of motorists nationwide are wearing their seat-belt -- a rate that now stands at an all-time high.

The federal government estimates that seat belts saved 13,000 lives last year -- compared to the 34,000 motorists who died in traffic accidents. Naturally, rear-seat seat-belt use is higher in states where the law requires it. But in some states, the difference in usage rates is substantial: Front-seat motorists in New Jersey have a usage rate of 93.7 percent, while those in the back wear their seat belts only 27 percent of the time.

It is a safety issue for everyone in the vehicle: Unbelted rear-seat passengers become projectiles in an accident, as they continue to travel the same speed the car was moving at the moment of impact. Frequently, this results in crushing front seat passengers between the seat and the dashboard or windshield.

Continue reading "Unbelted backseat passengers a common danger during Palm Beach car accidents" »

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.

Continue reading "Teen participation in distracted driving initiative could reduce risk of Fort Lauderdale car accidents" »

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.

Continue reading "Overconfidence can lead to West Palm Beach car accidents in rural areas" »

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.”

Continue reading "Fort Lauderdale injury attorneys note federal distracted driving summit will put Florida officials in the hot seat" »

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.

Continue reading "Drowsy driving a cause of car accidents throughout South Florida, including West Palm and Fort Lauderdale" »

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.

Continue reading "State has no law aimed at reducing Florida car accidents caused by distracted driving; but travelers beware" »

Sixteen motorists were killed over the Fourth of July Holiday, according to the Florida Department of Highway Safety and Motor Vehicles, which reported that authorities issued almost 10,000 citations.

As our Port St. Lucie injury lawyers and Fort Pierce accident attorneys reported just before the holiday, a total of 30 motorists were killed in Florida traffic accidents during last year's Fourth of July celebration.

Holiday enforcement effort:
-Total Citations: 9.334
-DUI Arrests: 100
-Speeding: 3,404
-Seat belt tickets: 1,102
-Motorist assists: 2,686
-Fatalities: 16

Drunk driving and speeding are the two primary factors in serious and fatal accidents. The National Highway Traffic Safety Administration reports that two-thirds of all fatal traffic accidents involve either alcohol or speed.

As we reported on our South Florida Injury Lawyers Blog, just-released data show the fatal accident rate in Florida fell to an all-time low last year. As South Florida heads toward Labor Day and the winter tourist season, authorities are urging drivers to practice safe driving habits and help reduce the risk of serious or fatal traffic accidents.

“The Florida Highway Patrol works hard to ensure residents and visitors make it safely to their destinations,” said Col. John Czernis. “For us, that means putting additional troopers on the roadways to deter and to stop motorists who drive illegally and without regard to others’ safety. FHP does not tolerate risky behavior, such as drinking and driving, and neither should you."

Motorists who are concerned about an unsafe driver on the highway can contact the highway patrol by dialing *FHP (*347).

Continue reading "Fourth of July continues trend of safer Florida roads; reducing South Florida car accidents a goal through remainder of summer" »

Our West Palm Beach injury lawyers continue to look at the accident data recently released by the Florida Department of Highway Safety and Motor Vehicles.

As we reported on our South Florida Injury Lawyers Blog, fatal Florida traffic accidents reached a new low in 2009, claiming 2,563 lives compared to the 2,983 motorists killed on the road in 2008.

But just looking at the number of fatal accidents tells only part of the story. More than 100 motorists were seriously injured for every motorist killed in a Florida car accident. And, while the number of fatal accident decreased by 14 percent, the overall number of accidents dropped slightly in many areas. And the number of St. Lucie car accidents actually increased.

Florida traffic accidents by county:

Broward County traffic accidents: 25,957 in 2009 compared to 26,417 in 2008.

Miami-Dade County traffic accidents: 42,244 in 2009 compared to 43,376 in 2008.

Palm Beach County traffic accidents: 13,398 in 2009 compared to 13,831 in 2008.

St. Lucie County traffic accidents: 2,336 in 2009 compared to 2,288 in 2008.

An injury lawyer in Miami-Dade, Broward, Palm Beach or St. Lucie counties should be consulted when a motorist is involved in a car accident. An experienced accident attorney handles traffic crashes everyday and can assist motorists in determining their rights after a crash. Frequently, medical or legal complications may arise that a motorist would never consider when determining what to do in the wake of an accident. And injuries sustained in a collision may take months or even years to develop. Failure to protect yourself after a crash can impact your ability to collect damages if future medical consequences arise.

Continue reading "Fewer fatalities but high number of injury accidents reported in Miami-Dade, Broward, Palm Beach and St. Lucie counties " »

A flagman was not present at a construction site where three teenagers were killed in a Stuart car accident after colliding with a front-end loader, TCPalm reported.

The information was included this week when the State Attorney's Office finally released data about the Aug. 4 accident that killed three teenage boys in a Jeep Cherokee. The traffic homicide investigation by the Florida Highway Patrol reported that no flagman was present to warn oncoming traffic about the presence of the loader in the roadway.

Troopers had previously reported that all three teenagers were believed to be intoxicated and that the 18-year-old driver had a blood-alcohol level of .251, more than three times the legal limit.

Authorities have determined the operator of the front-end loader had no drugs or alcohol in his system. The operator worked for Sheltra and Son Construction of Indiantown, which was widening Cove Road west of U.S. 1. The front-end loader had dropped a load of dirt on the south shoulder of the road and was stopped in the eastbound lane at the time of the crash.

Troopers who questioned the work crew were told the front-end loader was not required to have a flagman. However, the company was cited by the Occupational Safety and Health Administration for four "serious violations" at the work site. Those citations were for hazards workers were exposed to and were not related to the accident.

Accidents at road construction sites are a common occurrence in Florida, as are accidents anywhere that the normal flow of traffic is interrupted. The fact that these teenagers were reportedly under the influence at the time of the crash certainly complicates matters. But it does not mean their families would not have a wrongful death case against the construction company. If a 40,000 pound piece of machinery had not been parked in the middle of a dark road, the kids may well have made it home safe to their families. A Port St. Lucie injury lawyer should always be contacted when a motorist is seriously injured or killed in a car accidents at a highway construction zone.

Continue reading "No flagman present at fatal highway construction zone car accident in Stuart" »

The Florida Department of Highway Safety has just released a comprehensive look at 2009 traffic safety and this is the first in a series of posts by the South Florida injury lawyers at Freeman & Mallard.

We believe taking a comprehensive look at the data will allow motorists to avoid car accidents in Port St. Lucie, Fort Pierce, Fort Lauderdale, West Palm and the surrounding areas. Knowledge is power and knowing where, when and why accidents are happening can be a powerful tool to help keep you and your family safe on the road.

The good news for motorists is that fatal crashes in Florida dropped to the lowest rate on record last year. The number of fatal accidents decreased 14 percent to 2,563 from the 2,983 fatal crashes reported in 2008.

As the Sun-Sentinel reported, fatal Palm Beach car accidents were down 30 percent, from 198 in 2008 to 151 last year. Fatal Broward County car accidents dropped 20 percent, from 228 to 189.

"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 L. Jones.

Most advocates cite less traffic and travel amid the downturn in the economy as the primary reason for the reduction.

Other highlights include:

-Alcohol related traffic fatalities declined 14 percent, from 1,169 deaths to 1,004. Note that those statistics still indicate that drunk driving is responsible for more than one-third of all fatal Florida traffic accidents.

-Fatal Florida motorcycle accidents declined by 24 percent, from 532 to 402.

-Fatal Florida bicycle accidents dropped 15 percent, from 118 to 100.

-Pedestrian fatalities in Florida decreased slightly, from 502 to 482.

-Fatal Florida accidents involving teenagers dropped by more than 20 percent, from 193 to 153.

In coming posts, we will take a more in-depth look at these statistics and see what can be learned by motorists that will help keep them safer on the road. Please check back often for updates.

Continue reading "South Florida injury attorneys to examine new data regarding Florida traffic fatalities in 2009" »

Authorities will be out in force over the Fourth of July weekend, looking for drunk drivers and other dangerous motorists in an effort to reduce Fort Lauderdale car accidents and serious and fatal traffic accidents throughout South Florida.

While New Year's frequently gets most of the attention when it comes to drunk driving and dangerous travel, the truth of the matter is that Thanksgiving and the Fourth of July have been the deadliest holidays on the nation's roads in recent years, according to the National Highway Traffic Safety Administration.

Our Fort Lauderdale injury lawyers urge motorists to drive responsibly and allow extra time to reach their destination. Traffic is expected to be heavy throughout the Fort Lauderdale, West Palm and St. Lucie/Fort Pierce areas.

Nationwide fatal holiday traffic accidents in 2008:

New Year's: 104

Memorial Day: 370

Fourth of July: 437

Labor Day: 423

Thanksgiving: 439

Christmas: 364

New Year's Eve: 37

Fatal Florida car accidents occurred most frequently on Thanksgiving and New Years in 2009. But Fourth of July proved third-deadliest, with 30 fatalities. More than half (17) involved alcohol, according to new statistics just released by the Florida Department of Highway Safety.

2009 fatal holiday traffic accidents in Florida:

New Year's: 34

Memorial Day: 22

Fourth of July: 30

Labor Day: 23

Thanksgiving: 36

Christmas: 28

AAA South has announced a "Tow to Go" program through the holiday weekend. Available Friday through Monday, the program offers rides and tows home from bars or restaurants to members and nonmembers alike.

"No one intends to be a drunk driver, it just happens, whether they've had way too many drinks or just one too many," said Ed Schatzman, senior vice president, Automotive Services, AAA Auto Club South. "Call volume steadily increases every Independence Day weekend and we are happy to get as many drunk drivers off the road as possible so everyone on the road can get home safely to their families."

Those in need of a ride can call 1-800-AAA-HELP.

AAA also encourages motorists to:

-Select a designated driver before going out to celebrate with friends.

-Program the numbers for several cab companies into your cell phone.

-Always keep some extra cash for a cab ride when you need it.

Continue reading "Fort Lauderdale car accidents a danger over Fourth of July Holiday" »

A Fort Lauderdale scooter accident claimed the life of a rider on Tuesday night when a Jeep Grand Cherokee reportedly collided with the scooter while making a left turn at an intersection, the Sun-Sentinel reported.

The accident happened about 8:30 p.m. at the intersection of Davie Boulevard and Southeast Third Avenue. The 2010 Jeep was making a left turn onto Third when it collided with the 2008 KNRO Scooter, which was westbound on Davie Boulevard. The rider was pronounced dead at Broward General Medical Center.

Scooter and motorcycle accidents are a common danger in the Fort Lauderdale area and throughout Florida. As we reported recently on our South Florida Injury Lawyers Blog, more fatal motorcycle accidents occur in California and Florida than anywhere else in the nation. In 2008, a total of 523 riders were killed in Florida accidents, according to the National Highway Traffic Safety Administration.

Federal statistics show that more than half of all accidents are caused by motorists. Frequent causes include a motorist turning in front of a rider or failing to yield the right-of-way. Rider inexperience is another common cause and anyone injured on a rented motorcycle or scooter should contact a Fort Lauderdale injury lawyer to discuss their rights.

MotorWorks offers the following scooter safety tips:

-Wear bright reflective clothing and a helmet.

-Avoid riding in another motorist's blind spot.

-Obey the speed limit and never driver faster than your skills or weather conditions allow.

-Signal well before you turn or make a lane change. Consider using hand signals in addition to electronic turn signals.

-Use extra caution at intersections and entrances to parking lots and driveways -- don't let another motorist's actions take you by surprise.

-Keep both hands on the handlebars and both feet in appropriate locations while riding.

-Never leave a scooter unattended with the engine running.

-Reduce speed when riding on bumpy roads.

-Be especially aware of traffic behind you. Different speeds can lead to a rear-end collision.

-Don't rely on mirrors, which allow for only a partial view. Be aware of blind spots.

Continue reading "Fatal Fort Lauderdale scooter accident reportedly caused by careless motorist" »

State officials report that Florida traffic deaths have reached an all-time low. When the Florida Department of Highway Safety and Motor Vehicles and the Florida Department of Transportation release the state's detailed traffic reports later this summer, the results will likely show fewer car accidents in Fort Lauderdale, West Palm Beach and Port St. Lucie/Fort Pierce.

Fatal Florida traffic accidents declined to 2,563 in 2009, nearly a 1,000 fewer than the 3,533 recorded in 2005. The 9 percent decline from the 2,983 deaths reported in 2008 brings the fatality rate to 1.3 deaths per 100 million miles traveled, the lowest rate ever recorded in Florida.

“The safety of our residents and visitors is a top priority, and reducing fatalities on our roadways is a step in the right direction,” said Florida Governor Charlie Crist. “I commend our safety advocates and law enforcement officers who ensure that Florida remains a safe place to work and play.”

Officials touted increased safety efforts, including the state's new primary enforcement seat belt law, while acknowledging fewer visitors and the economic downturn also played an important role.

The entire report for 2009 will be released later this summer. Meanwhile our Fort Lauderdale injury lawyers share some key facts from the 2008 report:

-Florida drunk driving accidents claimed 1,169 lives.
-Motorcycle accidents killed 532 riders and 8,519 were injured.
-118 riders were killed in bicycle accidents and 4,380 were injured.
-Pedestrian accidents resulted in 502 deaths and 7,878 injuries.
-A total of 193 teen drivers and passengers died in car accidents.

-A total of 346,610 drivers were involved in 243,342 crashes, or an average of 665 crashes per day. Those figures mean that a traffic accident occurs every two minutes somewhere in Florida.

-More than 111,000 people were injured, including almost 24,000 who suffered incapacitating injuries -- 25 people are seriously injured in a Florida car accident for every person who is killed.

Most frequent causes of fatal Florida traffic accidents:
-Careless Driving: 504 fatalities.
-Alcohol Use: 428 fatalities.
-Failure to Yield: 250 fatalities.
-Left of Center: 161 fatalities.
-Excessive Speed: 161 fatalities.

Traffic Accidents by County:
-Miami-Dade: 43,376
-Broward: 26,417
-Palm Beach: 13,831
-St. Lucie: 2,288

Continue reading "Fewer car accidents expected in Fort Lauderdale, West Palm Beach, Port St. Lucie" »

Distracted driving is a leading cause of West Palm Beach car accidents and traffic accidents throughout South Florida. Now, the National Safety Council has pulled together a report that compiles more than 30 studies looking at the dangers -- giving us one of the first comprehensive looks into just how dangerous it has become.

Distracted driving joins alcohol and speeding as the leading causes of serious and fatal car accidents. As we reported on our South Florida Injury Lawyers Blog, 1,169 people died in Florida drunk driving accidents in 2008.

Authorities continue to focus on the dangers of cell-phone use and text messaging while driving as a primary threat to motorist safety.

“Cell phone use while driving has become a serious public health threat,” said Janet Froetscher, NSC president and CEO. “Several states and municipalities have passed legislation allowing hands-free devices while driving. These laws give the false impression that hands-free phones are a safe alternative, when the evidence is clear they are not.”

Among the findings of the report:

-28 percent of all crashes in 2008 were the result of driver cell-phone use, leading to 1.6 million crashes and 645,000 injuries. Drivers who are on the phone are four times more likely to crash.

-11 percent of drivers are on the phone at any given point during the day. Eighty-one percent of motorists admit to using a cell phone while driving.

-18 percent of drivers admit to text messaging while driving. Teen (36 percent) and Gen Y (39 percent) drivers are the most likely offenders.

The National Highway Traffic Safety Administration has established a distracted driving website aimed at educating motorists about the dangers. The government is particularly concerned about cell phone use and text messaging by drivers because it includes all three forms of driver distraction: visual, manual and cognitive.

Other forms of driver distraction include:
-Eating and drinking
-Grooming
-Talking to passengers
-Reading or looking at maps
-Using on-board electronics, including stereos and GPS devices

The government reports that using a cell phone, whether hands-free or hand-held, delays a driver's reaction time as much as driving while intoxicated.

Continue reading "Distracted driving a primary cause of West Palm Beach car accidents" »

As a Personal Injury Law Firm that deals with motor vehicle accidents everyday in Florida, we are constantly reminded of the unfortunate sequence of events which can follow if proper preparedness is not taken on behalf of the insured. Prior to an accident, you may not feel that car insurance is very important and purchasing the cheapest auto insurance, or or driving illegally without insurance, is good enough for you; because, hey you're a safe driver...right? Having that type of thought will only take you so far until you're sitting at a red light minding your own business and an uninsured driver slams into the back of you. Now what? Incidents happen like this everyday in Florida. Statistics have shown our roads are crowded with some of the worst drivers in the country so why take the chance! The bottom line is lack of proper car insurance will only cause you more aggravation and stress, not to mention, the possibilty of being left without proper medical treatment, lost wages, and a car. The car insurance you purchase and the specific elements of it, such as personal injury protection (PIP) can become pinnacle should you become involved in a crash. PIP coverage on your car is basically what pays for lost wages and medical bills if you are involved in a crash and is the minimum policy a driver must carry in the state of Florida. Make sure you do your due diligence and research when you'r e looking for auto insurance. A good place to start for basic auto insurance information is the Florida Department of Highway Safety and Motor Vehicles website.

As we are all too familiar with, auto accidents in South Florida can occur in many forms and types; on any given day, our vehicles are exposed to potentially dangerous driving situations due to unique circumstances. As we enter our busiest roadway time of year, the Florida tourist season brings more drivers, more pedestrians, and more bicyclists to our already congested roadways. So it's up to us, the people who live here, to make sure we are patient and considerate to visiting drivers as we approach the busy tourist season ahead. But, if something should occur out of the ordinary, such as a relative driving a rented vehicle while visiting, I've listed a few pointers that could help you out.

If you or someone you know is involved in an accident involving a rented or leased vehicle, pedestrian or bicyclist, or an animal, the following may be some good suggestions for you to consider.

For example, in the event you are involved in an accident with a rental or leased vehicle: In Florida an individuals' own insurance policy will protect them for any automobile that they are driving. There is no need to purchase additional insurance from the automobile rental or leasing company unless they wish to increase their coverage, e.g., add collision coverage.

In the case where a pedestrian or bicyclist is hit there is a presumption of fault if drivers strike a pedestrian or bicyclist. However the presumption of fault is the opposite for a motorcyclist. In a car vs. motorcycle collision the motorcyclist will mostly likely be presumed guilty until proven innocent. Law enforcement officers will almost always apply a presumption of fault to motorcyclists. However, the presumption can be overturned by evidence of fault or statutory violation on the part of the bicyclist or pedestrian, or motorcyclist, e.g., bicycling at night without a headlight, jaywalking, or aggressive driving. In no-fault states, such as Florida, injured pedestrians are often covered by their own automobile policies, even though they were pedestrians at the time, and even if the driver was at fault. If the pedestrian does not own a car and does not have insurance, then the personal injury protection would fall under the blood relative's household he or she resides in.

In a more often than not case where a domesticated animal is injured and/or damage occurs to the driver, there may be a presumption of fault on the part of the animal's owner for allowing the animal to run at large. If the accident was caused by driver negligence, the animal owner may file suit against the driver. Most states limit damages to the value of the animal or its medical care, and do not permit non-economic damages such as emotional damages associated with the loss of a pet. However, this is a rapidly developing area of law. Injury or damage to the driver's vehicle caused by collision with wild animals (e.g., deer) is generally covered without assignment of fault. The driver should render assistance to the animal only if the driver will not further endanger himself or other motorists.

According to the National Highway Traffic Safety Administration (NHTSA) traffic deaths on a national level were down 7 percent in the first half of 2009 compared to last year. This stays in line with Florida's stastics, which for the third year in a row Florida has seen a decrease in traffic fatalities. According to the Florida Performs website, the state holds a fatality rate decrease of 1.5 deaths per vehicles miles traveled (VMT) in 2008 from 1.57 deaths per 100 million VMT in 2007. This year Florida Legislature passed the primary seat belt law which took effect this past June. This law requires all drivers and passengers to be secured with a seat belt. This will hopefully assist in keeping the decrease of traffic deaths seen throughout the country consistent within the state of Florida.

There's no doubt in Florida we have a fair share of attorneys, especially personal injury attorneys. So, how does one go about choosing a good attorney for their potential accident case. To start, when choosing a personal injury attorney there are several factors you may want to consider. For example, if a friend or relative has referred you to a personel injury attorney, then you will most likely benefit from that recommendation. Otherwise, if you need to locate an attorney on your own, you may find yourself in a vast universe of who to choose and how to go about choosing them.

With that being said, there are a few things to keep in mind; Firstly if possible do your research online. This will give you great insight to the firm you are considering. Most attorney websites, if not all will list the backgrounds of the firm's attorneys, their level of experience, and a list of settlements they have received.

However, as everyone is aware, there are many times than not that during an accident things are confusing and hectic and research is not an option. In situations like this the individual involved in the accident will typically make the call to the first phone number available to him or her. This is ok to do keeping in mind that you can always do your research after you have retained the law firm to represent you. If you decide that the firm you chose on impulse is not a good fit, you can cancel your agreement with the firm within 72 hours of your signing with them and not incur any fees. You want to locate an attorney that is going to have your best interests at heart and is going to communicate with you on a regular basis. But every client should beware; Just like in any business, it's important to keep in mind that there are many personal injury attorney scams out there, unaccredited lawyers and other schemers who try to extort large amounts of money from people or companies to make themselves rich.

If time permits a person involved in an accident could contact the local Bar Association in their area. The Bar association will maintain a list of responsible attorneys and will be able to recommend a good personal injury attorney to you. If you think you will have trouble paying attorneys fees, you may want to investigate the free legal aid clinics in your area. Legal aid clinics will help file a law suit on your behalf and will often work pro bono, or free of charge, if they think the case is justified.

More importantly make sure that the personal injury attorney you choose has your best interest and he or she listens to your needs.

For several years now, the Palm Beach County Board of Commissioners have been advocating the installations of cameras at intersections to protect the public. The Sheriff's office also supports the idea, and so does the Florida Legislature, or at least they seem to in theory for now. Without the support of statewide legislation, Palm Beach County has decided to take matters into their own hands by developing it's own ordinance.

The determination coming from the Board of County Commissioners is that running a red light is a major issue and needs to take priority in order to provide safety, efficiency, and proper use of the county roads and to effectively reduce the significant dangers presented to motorist and pedestrians by drivers who run red lights everyday.

In 2006, there were approximately 8,000 crashes in Palm Beach County of which many of the crashes were results of people running red lights.

According to the County, there have been ten to twenty cameras in unincorporated areas of Palm Beach County.

But what about crashes that result from drivers trying to avoid being photographed by the red light cameras? "Rigorous studies clearly show red-light cameras don’t work,” said lead author Barbara Langland-Orban, professor and chair of health policy and management at the USF College of Public Health. “Instead, they increase crashes and injuries as drivers attempt to abruptly stop at camera intersections.”

There are some individuals who claim that this is in direct violation of the U.S. Constitution because it undermines an individuals basic rights.

On the other hand, the Department of Transportation and the Insurance Institutue of Highway Safety seem to agree for drivers who insist on running red lights it is definately worthy of having Big Brother's intervention in an attempt to save lives. Statistics show that approximately 800 Americans are killed each year as a result of drivers running red lights.

If you are driving and feel that you are doing something you shouldn't do, like texting for example, chances are your feelings are correct; it's that simple. In Florida during the constant rush of our lives, many of us lose sight of common sense practices especially when it comes to driving. Texting while driving is not something you should do...period. For that matter, anything that involves taking your eyes off the road for a second, you shouldn't do.

While driving, we are constantly distracted by everything from other careless drivers, to pedestrians, to noise pollution, and construction detours just to name a few. So why do people continue to do something wrong such as texting when they know they shouldn't? The answer - because they can get away with it, that is, until an accident happens. Let's face the facts; looking at a small screen and pushing buttons while driving will eventually cause a person to get into wreck. Which is exactly why a CNET report shows that texting while driving puts a person in the same danger as drunk driving!

According to a CNET report on texting, a driver is 8 times more likely to be in an accident while texting and 4 times more likely if they are just talking on a cell phone. So that means,according to recent studies, that talking on a cell phone while driving is the equivalent of .08 level of intoxication, and texting while driving puts a person right up there with the same danger as driving drunk.

Senators are seeking a ban on texting while driving. If the ban passes, states that don't participate in banning texting while driving could lose hundreds of millions of dollars in federal highway funds according to CNET News.

The bottom line, take time to pull over to make your phone call or text message. Or just wait until you get to your destination. It could prevent a serious accident and maybe save lives.

Florida bad drivers take note; beginning January 2010, some of the state's worst drivers will be sent back to driving school. A new state law will cause any motorist convicted of three crash-related moving violations over a three-year period to take a required course which includes a driving test for the offender to pass.

This past June, Governor Charlie Christ signed a bill that will go into effect January 2010.

To date, more than 3,200 drivers have been identified, with the statistics showing that these drivers are most likely to be white men, age 40 or younger, and are clustered in the state's urban areas. While men make up 52 percent of the drivers, they account for 64 percent of these bad drivers. And the accident-prone should know this: Crashes in 2008 and 2009 will count.

Bad drivers are all around us, wherever you may be travelling. State Sen. Don Gaetz was driving down U.S. 98 in Northwest Florida when he saw another driver reading a newspaper while going 65 mph.

"I think there are some people who just don't take driving that seriously," said Gaetz, R-Niceville.

Thanks to Gaetz, more drivers in Florida will have to pay more attention. Or it could cost them a lot of money, and hopefully this will be the needed incentive for bad drivers to start driving more responsibly.