Articles Posted in Auto Safety

Florida drivers, your days of using a handheld cell phone while driving may soon be numbered. Rep. Carolyn McCarthy, D-N.Y. has proposed a House bill that would bring under federal control driving and cell phone usage, according to an article in Auto Trends Magazine.

Our West Palm Beach injury lawyers know that cell phone use is one of the leading causes of distracted driving accidents in Fort Lauderdale and elsewhere. We are aware that in 2009 the National Highway Traffic Safety Administration reported almost 5,500 people were killed in crashes caused by distracted driving.

Individual states currently mange their own cell phone usage laws. If the bill passes the U.S. Department of Transportation (DOT) would be tasked with making a national standard, to ban cell phone use while driving. Drivers calling for help in an emergency situation would be the only exception.

“Driving while making a phone call, texting or using apps can be as dangerous as driving drunk, and much more common,” Rep. McCarthy said. “With some basic commonsense rules that are already in place in some parts of the country, we can reduce injuries and save lives in America.”

Some exclusions are included in the proposed legislation. Drivers could still use vehicle-integrated and voice-operated devices and GPS systems that are voice-operated. It is recognized that many of today’s vehicles have the technology for hands-free cell phone use.

But, cognitive distractions still exist with hands-free devices. If passed, the bill would require the DOT to do a distracted driving study with an emphasis on cognitive distraction particularly as it relates to young or inexperienced drivers. DOT, within two years of the study, would have to present their findings to Congress, give suggestions for updating the minimum distracted driving exclusions and penalties states must observe. After all that, states would be allowed two years to abide by the law or face a reduction in federal highway funding of 25 percent.

Currently, there are a wide variety of state laws on preventing distracted driving. Florida doesn’t have any restrictions at all regarding cell phone use while driving. But in Illinois there is a ban on texting for all drivers; all cell phone use is prohibited for bus drivers and all drivers under 19-years-old; and cell phones can’t be used while driving in school and construction zones.

Other distractions that can lead to crashes:
-Talking with passengers: Keep conversations to a minimum so you stay focused on driving
-Changing the radio station or adjusting temperature control: Wait to do this when you are stopped or ask your passengers to do this.
-Eating or drinking: Give yourself plenty of time to finish your food and beverage.
Continue reading →

As the school year comes to a close, parents have a legitimate concern for their children who ride on school buses. Children tend to get spring fever around this time of year so it is important to remind them about school bus safety in order to prevent them or other pedestrians from being involved in a school bus accident in Port St. Lucie or elsewhere in the state.

Not only do we trust the school system to educate and care for our children during school hours, but most of us rely on them to transport our kids safely to and from school. Palm Beach injury lawyers know that the highest risk of a school bus accident is from 6:30 a.m. to 8:30 a.m. and 2 p.m. to 4 p.m. time periods. Pedestrians in and around schools and walking children are also at high risk.

A recent 6:30 a.m. bus accident at Lake Worth High School has parents thankful their children are safe. The Examiner reports that a bus driver employed by Palm Beach County School District suffered a heart attack and lost control of her bus while going to pick up some kids on her route. Fortunately she didn’t have any students on the bus but a bus attendant was on board at the time of the accident. The driver drove into some hedges, through a fence and around a pole before hitting the fence again. The bus attendant managed to pull the emergency break to get the bus stopped. The attendant was not hurt in the accident but the driver was taken to JFK Medical center in critical condition.

In this instance, a poor health condition was the contributing factor causing the accident in which no one but the driver was hurt. However, in many cases the common causes of a bus accident are related to driver inexperience, mechanical issues related to poor maintenance of the bus or driver carelessness. Serious injury and even fatality can occur from these kinds of causes which direct negligence towards the school bus operator or the school system who employs the drivers.
Continue reading →

Just weeks after the Federal Railroad Administration ranked Florida among the ten worst states for train accidents at railroad crossings, a 34-year-old Edgewater man was struck and killed by a Florida East Coast Railroad freight train, according to a New Smyrna Beach media report.

In 2009 alone, Florida railways accidents included 48 crossing collisions that left 10 dead and 19 injured. Another 19 were killed and 8 injured in trespass incidents, according to the non-profit railway safety organization Operation Lifesaver.

According to the National Safety Commission, there are a handful of causes that frequently contribute to railroad crossing accidents.

First, trains look like they are moving slower than they really are which can lead a driver or pedestrian into making a judgment error when approaching a railroad crossing.

Second, trains are big and heavy. So even if they are traveling at a relatively slow rate of speed – say about 35 mph – they still pack close to a million tons of force.

Third, it takes about 1.5 miles to bring a freight train to a complete stop, and with only about half of public rail crossings controlled by electronic signals, and many private crossing unmarked and without any signaling, a distracted driver may, quite literally, drive onto an active railway and never see the train coming.

The safest rule is the simplest: before crossing any railroad track, assume a train is coming, whether you see or hear one or not.

In cases where a crossing accident occurs, it is important to consult with an experienced Port St. Lucie accident lawyers, or a personal injury or wrongful death attorney in your town. Investigating the cause of the accident is a critical step to protecting the rights of you and your family.
Continue reading →

Through the Labor Day weekend, the Florida Highway Patrol announced this week it will again participate in the national traffic-safety enforcement program “Drunk Driving. Over the Limit. Under Arrest.” The program aims to target drunk drivers and hopefully save lives by diminishing the number of South Florida drunk driving accidents.

The Fort Lauderdale car accident lawyers at Freeman & Mallard aggressively represent victims of DUI accidents. We understand how distressing, disruptive and catastrophic being involved in an alcohol-related car crash can be and will work tirelessly to ensure your rights are protected to the fullest extent of the law.

In 2008, 875 motorists were killed in alcohol-related crashes in Florida with Miami-Dade, Broward and Palm Beach ranking as the top three deadliest counties, the National Highway Traffic Safety Administration reported. The NHTSA found that nearly 700 motorists were killed in crashes in these counties, with 174 fatal crashes specifically alcohol-related.

Historically, Labor Day ranks as one of the Top 10 deadliest days for drivers and September ranks in the Top 5 deadliest months, according to the American Safety Council.

“Drunk driving is simply not worth the risk. Not only do you risk killing yourself or someone else, but also the trauma and financial costs of a crash or an arrest for impaired driving can be significant,” said FHP Director, Colonel John Czernis. “Violators often face jail time, the loss of their driver license, higher insurance rates, attorney fees, time away from work and dozens of other expenses. Do not take the chance. Remember, if you are over the limit, you can expect to be under arrest.”

The patrol will also participate in the nationwide Operation C.A.R.E. (Combined Accident Reduction Effort) over the four-day holiday weekend starting Sept. 3. The goal of this program is to deter unsafe drivers, enforce safe traffic conditions and more quickly assist motorists in need.

Operation C.A.R.E. is a coordinated effort involving all 50 state police and highway patrol units and will include all uniformed personnel and officers who are otherwise normally assigned to administrative duties. An additional influx of volunteer troopers from both auxiliary and reserve teams will supplement the workforce.

While celebration with friends and family is encouraged during this last summer holiday, the FHP in presence and enforcement practices plans to aggressively monitor and cite or remove from all State roadways distracted, otherwise impaired and drunk drivers.
Continue reading →

In South Florida, our roads can turn from hot and dry to wet and slippery in a matter of seconds making for dangerous driving conditions! As we approach summer, afternoon thunderstorms are certainly headed our way and with that we can find ourselves in dangerous driving conditions rather quickly. Also, if you plan on drivng to your summer vacation destination, make sure your tires are in good shape for the trip.

With that said, here is a little background on your tires.

In North America, regulations require tire manufacturers to grade passenger car tires. These regulations are based on treadwear, traction, and temperature resistance. Treadwear is based on the wear rate of the tire. A wear rating of 300 to 400 is considered good; 500 to 700 is very good. Further, a tire graded 200 would wear twice as long as one graded 100. Traction grades (from highest to lowest: AA, A, B, and C) represent the tire’s ability to stop on wet pavement. Temperature grades (from highest to lowest: A, B, and C) represent the tire’s resistance to the generation of heat.

If you have a teen driver in your family, make sure that they have the proper car insurance coverage. The number 1 cause of death among teens in the U.S. are auto accidents. There is a huge increase in fatality rates for teen drivers between the ages of 16 to 19 compared to drivers between the age of 25 to 69 years old. According to a recent article in the Miami Herald, teen drivers are 4 times more likely to get into a fatal accident between the ages of 16 to 19.

So what are ways to help save on your teen’s car insurance? First, make sure that your teen is aware of the importance of keeping a clean driving record. By having only one offense, such as a ticket or and/or accident, a teenager’s insurance rate could take their premium to an all time high. That being stated, a record of an accident or ticket can stay with them for years and their record can only be wiped clean over time. For example, if a driver receives one ticket a year that drivers record will usually carry at least 2 to 3 tickets at a time which causes rates to go up quite a bit. Teenage drivers who care about their driving records will always prevail when it comes to getting lower insurance rates.

Other factors to consider for your teen driver are what type of vehicle your son or daughter may drive. When the time comes, whether it’s a new car, a car for a graduation gift, or your own car you’ve been driving as a “hand me down,” it would be wise not to turn the keys over to them if the vehicle if it is a sports car, luxury car, or other type of vehicle that is expensive and has the image and feel it needs to be driven fast. Teenagers are statistically shown to drive faster whether they’re in grandma’s car or any car for that matter. Allowing your teen to drive a safe and modest vehicle could help decrease their changes of being tempted to speed or show off.

Floridians are making it a priority to buckle up more than ever. Since the implementation of Florida’s new primary seat belt law which took effect on June 30th of this year, a survey has shown that seat belt usage is at an all-time high of 85 percent in Florida.

What’s remarkable about this increase is it marks the first time Florida’s rate has excceded the national average of 84 percent.

The the new law set in place allows for police officers to pull drivers over soley for not wearing a safety belt.