South Florida Injury Lawyer Blog

Teens are not the only victims of their poor driving decisions, a fact too often overlooked according to a recent article by Health News Digest.

State Farm Insurance Companies and The Children's Hospital of Philadelphia (CHOP)conducted a research report on the impact that teen crashes have on family and friends.

Our Fort Lauderdale personal injury attorneys hope that the report spotlights the need to support families recovering from the tragedy caused by a car accident from Fort Lauderdale to Fort Myers.

In 2008, there were over half a million people involved in crashes with a young driver operating the vehicle. Almost 30% of those fatally injured were not in the car driven by the teen driver.

The first annual report by CHOP and State Farm was produced as a combination of data from various federal sources. Safety experts and lawmakers can use the report to examine progress in the focus areas deemed most significant.

Four behaviors were found to be a key when studying teen car accidents. These behaviors include: speeding, distracted driving, failing to use a seat belt, and drunk driving. It was reported that 16% of teens admitted being distracted when involved in fatal crashes; 40% tested positive for BAC; and over half of teens involved in fatal crashes were not wearing a seat belt and were speeding.

One thing is certain. Improving teen driving behaviors in these 4 areas would decrease teen deaths substantially. Teens die more from car crashes than from cancer, suicide or homicide combined. In fact, 24% of total teen deaths are either drivers or peer occupants in the car at the time of the crash.

It is evident based on the report that teen crashes affect so many other people than just the driver of the vehicle. Thousands more are affected by psychological trauma and suffer severe injuries, not to mention the break in their normal routines. Family, friends, and communities are left to deal with the aftermath after a teen crash.

For more details and to view the report in full, go to www.TeenDriverSource.org.

Continue reading "Young people not the only victims of teen car accidents in Fort Lauderdale" »

Guardrails on Florida highways are meant to save lives in motor vehicle crashes. After all, it's what we pay our hard earned tax dollars for. Empty promises by Florida Department of Transportation have left one family mourning the loss of three according to a recent article in The Palm Beach Post.

Our Boca Raton personal injury lawyers understand that accidents are bound to happen. But some tragedies can be prevented by protecting motorists from defective road accidents in Palm Beach and Broward counties.

A mother of two was recently a victim of such a tragedy tragedy when her and her two daughters drowned after driving off the side of the road and into the canal along westbound State Road 80. Her Jeep swerved over into the eastbound lane, hit a berm and flipped over before plummeting into the canal. Since 2004, nine other lives have been taken near this same location in similar accidents.

This accident happens to follow a failed commitment from Florida DOT to begin constructing guardrails in this area; construction was supposed to start last July. The mother, able to call 9-1-1 from inside her vehicle, was not able to save her and her children's lives. By the time rescue responders arrived, the Jeep was completely immersed in water.

County Commissioner Jess Santamaria, among others, began insisting guardrails be erected last year. The fact that it still hasn't been done makes him even more irate. There is an 18-mile long stretch that needs to be altered to preserve the safety of future motorists traveling on roadways running parallel to the canal.

Insufficient guardrail protection is just one example of how a road can be defective. The following are other examples that motorists should be alert for:

-Poor overhead security lights.

-Utility pools and trees placed in an improper location.

-Blinking traffic signals that aren't meant to blink.

-Water standing on the road due to poor drainage.

-Shoulders along the roadways that are frayed or muddy.

-Insufficient signage in areas where it is slippery or curved sharply.

-Unsafe roadway design.

Continue reading "Missing guardrail leads to tragedy; defective roads increase risk of serious and fatal car accidents in Palm Beach" »

A recent article in Florida Today examined the issue of Florida drivers who drive without a valid driver's license.

Our Boca Raton personal injury attorneys are concerned about the growing number of unlicensed drivers because they are also the most likely to be driving without insurance.

The possibility of a Fort Lauderdale hit-and-run accident is most likely when a driver involved in the crash has a suspended driver's license.

According to the article, there are any numbers of reasons your license can become suspended. Committing crimes or failing to pay child support, traffic fines, or insurance are among them. The economic downturn has also led to an increase in uninsured drivers, which can result in the loss of your driver's license.

In an effort to block pointless prison sentences, the law changed in 2008 regarding habitual traffic offenders. Habitual offenders, defined as drivers having at least four major traffic convictions, could no longer be charged with a felony for failing to pay a fine. The only exception to this law is when a driver causes a person's death in a crash and is found negligent. The change in legislation has resulted in an increase in the number of drivers without a valid license. Habitual offenders are no longer afraid of the consequences knowing they won't be sent to prison.

Case in point was the man reported in the Florida Today article. The gentleman was pulled over in his SUV in early 2010 and arrested and charged with habitual traffic offender driving with a suspended license. A few months later in May, the charge was considered inadmissible in court and dropped based on the fact that the arresting officer didn't have reasonable cause to pull over the habitual offender.

Five days later, the same man struck a motorcycle with his SUV while turning left at a green light. The driver of the motorcycle sustained internal injuries and was in a coma for two months. His companion riding on the back of the bike was killed instantly. The driver of the SUV is still awaiting charges after a long delay as authorities awaited the resulted of toxicology reports.

Legislators need to recognize this as a problem and show a firm hand in dealing with habitual traffic offenders. Drivers with a suspended license put victims at risk not only for physical injuries, but paying for those injuries financially. Victims of an accident involving a driver with a suspended license should seek legal advice immediately to help protect their rights.

Continue reading "Unlicensed drivers increase risk of car accidents in Fort Lauderdale" »

Two Florida lawmakers are proposing legislation this week that would make hogging the left lane a citable offense, ABC-7 reports.

In a show of bipartisanship, Sen. Mike Bennett (R-Bradenton) and Rep. Jeff Clemens (D-Lake Worth) have co-sponsored House Bill 177 that takes aim at aggressive drivers and motorist who refuse to move over from the passing lane when met by come-from-behind traffic. Ultimately, the goal of the bill is to reduce the risk of serious or fatal Florida car accidents.

State law enforcement officers told WFTV-9 Orlando that slow left lane drivers are the number one cause of road rage, a factor in many Florida car accidents. Bennett said the bill, dubbed the Highway Safety Act, will come with a $143 fine for motorists caught intentionally holding up the flow of traffic by hanging out in the passing lane.

Critics say the bill encourages speeding and targets motorists who are obeying the law. Bennett says it's meant to crack down on road rage flashpoints by encouraging drivers to "practice a little courtesy" by going with the flow of traffic (instead of working to hold it up). A companion bill - State Bill 244 - is also under consideration by state lawmakers.

The Governors Highway Safety Association reports that one-third of U.S. car accidents and two-thirds of traffic fatalities nationwide are linked to aggressive driving. According to the GHSA, 14 states (Florida included) have passed aggressive driving laws. With that said, Florida is the only state of the bunch to be prohibited by state statute from enforcing their aggressive driving law. (At least for now.) In Florida, aggressive driver actions include at least two of the following: speeding, unsafe lane changing or passing, failure to signal or yield right-of-way, or disregard of a traffic control device.

According to four-year study on aggressive driving conducted from 2003 to 2007 by the AAA Foundation of Traffic Safety, more than 30 percent of fatal car accidents involving "potentially-aggressive driver actions" were tied specifically to speeding. Another 11.4 percent were linked to drivers failing to yield right-of-way. Just over 18 percent were tied to reckless driving, disregard for signals and signs, and improper turning. In all, 119,475 motorists were killed in car accidents believed to be caused by aggressive driving.

Continue reading "Left-lane hogs could soon face fines - officials say aggressive driving, Boca Raton car accidents may result" »

A blow-out linked Naples car accident sent four to the hospital early last Tuesday, the Naples Daily News reports. A shredded rear left tire is to blame for the rollover crash that happened as a Ford F250 traveled southbound on I-75 in Collier County. The truck flipped more than once before coming to a stop in the emergency lane.

Our Naples personal injury attorneys know that rollover accidents were linked to 236 fatal Florida car accidents in 2009 -- more than 8,000 others were injured.

According to the Florida Highway Safety and Motor Vehicles, rollover car accidents were the second-most common fatal accident type in 2009, following angled-impact crashes which claimed 520 lives. Rear-end car accidents ranked third, with 224 fatal Florida crashes, followed by head-on collisions at 153. Driver-side crashes completed the top five most common fatal impacts facing drivers, with 154.

Together these crash types (rollover, rear-end, head-on, angle or driver-side impact) were responsible for more than 1,200 fatal Florida car accidents that left 152,738 injured.

With that in mind, Edmunds reports that two organizations - the National Highway Traffic Safety Administration and the Insurance Institute for Highway Safety - have been evaluating auto safety reports since the 1960s.

The NHTSA began conducting crash testing and publishing consumer crash reports in 1978; IIHS in 1995. Both institutions generate annual reports that evaluate front, rear and side-impact crash data along with a host of other passenger safety advancements (from seat belt to air bag to crash avoidance technology).

Both organizations conduct unique crash test evaluations that produce distinct results. The NHTSA awards a one- to five-star rating specifically based on degree of occupant injury. The IIHS ranks tested vehicles on a four-point system (good, acceptable, marginal or poor). The IIHS evaluation measures degree of occupant injury, vehicle integrity and movement of the crash dummy. Together the reports arm consumers with a complimentary set of evaluations that can be used when considering a vehicle purchase.

Continue reading "Complimenting crash test rankings arm South Florida motorists with key safety data" »

Our Palm Beach car accident lawyers have been following efforts by statewide communities to both expand and contract HB 325, also known as the Mark Wandell Traffic Safety Program, which was signed into law last May by then-Gov. Charlie Crist.

HB 325 authorized communities throughout Florida to install red-light cameras to enforce traffic laws, namely stopping at red lights. Red light running, according to Daytona Beach Police Chief Mike Chitwood, is responsible for more fatal car accidents than any other driving behavior, the Daytona News-Journal reports.

The Florida Highway Safety and Motor Vehicles reports that idrivers who failed to stop at a stop sign or traffic signal were linked to 91 fatal Florida car accidents in 2009. Those crashes left nearly 7,400 people injured. Red-light-running fatalities represented 3 percent of all fatal traffic accidents in Florida.

With all that said - and despite a recent Insurance Institute for Highway Safety report that reflected a 24 percent drop in the rate of fatal red light crashes in 14 U.S. cities where cameras were installed - both Florida lawmakers and a vocal group of citizen critics are currently pushing to repeal HB 325.

WCTV reports that late last week Sen. Rene Garcia (R-Hialeah) filed SB 672, which, if passed, will required that red-light cameras to be removed from state roads by next July.

Currently at least 50 Florida communities have implemented the red-light camera program.

Critics of red-light cameras argue that they violate drivers' privacy and civil rights and question the accuracy of the devices. Garcia referred to the practice as "an unwarranted, big-brother initiative". Camera supporters - the widow of Mark Wandell among them - believe the devices save lives.

According to the IIHS report, red light cameras saved 159 lives during the four-year study. It is believed that, had red-light cameras been installed in all of America's largest cities (those with populations of 200,000 or more), more than 800 lives would have been spared between 2004 and 2007.

Continue reading "Study claims red-light cameras reducing risk of Palm Beach car accidents" »

Our Boca Raton injury lawyers know that for Florida motorcycle enthusiasts it's always a good time of year to be riding. With that in mind, an early evening wreck between a car a motorcycle along U.S. 41 last week is a grim reminder that when motorcycles and passenger cars mix, it is often with tragic results.

A 40-year-old Naples man spent two days in critical condition at Lee Memorial Hospital before succumbing to his injuries Thursday morning. A 30-year-old woman driving a 2007 Toyota Yaris failed to yield at the Abiaka Way intersection and struck the victim last Saturday, the Naples News reports.

Upon impact, the motorcyclist was ejected from his bike and landed in the intersection. He was not wearing a helmet. The driver of the Toyota, along with a 4-year-old passenger, were transported to Naples Community Hospital where they were treated for minor injuries and released.

The Florida Department of Highway Safety and Motor Vehicles reports that between 2008 and 2009 there was a 25 percent drop in the number of motorcyclists killed on Florida roads, from 502 in 2008 to 376 in 2009. Still, in 2009, motorcycle fatalities represented 15.7 percent of all Florida traffic-related deaths, making the state one of the nation's most dangerous for riders.

The number of Florida motorcyclists injured in crashes also fell by 12.7 percent from 8,519 in 2009 to 7,435 in 2008. Florida motorcycle passengers also saw, on average, a 13 percent drop in fatalities and injuries caused by a motorcycle-involved Florida car accident.

Overall, the number of motorcycle crashes statewide fell by more than 1,300 - from 9,618 in 2008 to 8,313 in 2009.

Over the last decade the number of motorcycle-linked fatal Florida car accidents steadily climbed, from 252 deaths in 2001 to a peak number of 521 in 2006. Since 2006, the number of motorcycle fatalities has dropped. The number of injures also saw explosive increases since 2000. In 2009, the number of motorcyclists injured in Florida car accidents fell by more than 1,000, reaching the lowest number since 2005.

In 2009, 367 men and 9 women were killed Florida motorcycle accidents. As the economy improves, let's all do our part to ensure the number of serious and fatal accidents continues to decline.

Look twice and save a life

Continue reading "Motorcycle accidents a winter risk in West Palm Beach, Boca Raton" »

Florida remains one of just eight states yet to implement a law that bans or restricts cell phone use while driving, despite such activity being linked as a leading contributor to serious and fatal to Cape Coral.

But if one South Florida legislator has anything to say about it, that fact will soon change, the Palm Beach Post reports.

Florida Rep. Irv Slosberg (D-Boca Raton) is pushing a bill that aims to ban Florida minors from using their cell phones while driving. The Minor Traffic Safety Act, if passed, would:

~ Restrict the number of minor passengers permitted to ride with a teen driver.

~ Require teen drivers to display a hang-tag identifying them as minor drivers.

~ Ban teen drivers from talking or texting on their cell phones while driving.

~ Ban school bus drivers from talking or texting on their cell phones while driving (during work hours).

His efforts received (at best) a lukewarm response from students at Olympic Heights High School, where he detailed plans for the bill during a school traffic safety assembly last week. Slosberg plans to file the bill within days.

The Governors Highway Safety Association reports that 30 states have now banned text messaging for all drivers, with one-third of states enacting such a ban in 2010.

Of these, 26 states have made texting while driving a primary citable offense. Meaning: law enforcement can stop a driver just because they were spotted texting behind the wheel. Another eight states have enacted legislation that specifically bans texting among novice drivers and drivers aged 21 and younger.

Few people will dispute that driver distraction has now reached epidemic levels. In 2009, the National Highway Traffic Safety Administration reported that 20 percent of injury crashes in the U.S. were linked to distracted driving. Last year, more than 5,500 people were killed and another 448,000 injured in crashes caused by driver distraction. Of those killed, more than one in five, or close to 20 percent of distracted driving fatalities, were tied specifically to cell phone distraction.

Drivers aged 20 and younger were the most likely to be involved in a fatal distracted-driving car accident. The NHTSA notes that a driver using a handheld cell phone is four times as likely to be involved in a serious injury crash. Whether handheld or hands-free and regardless of age or experience behind the wheel, a driver talking on their cell phone experiences as much of a delay in response time as a legally intoxicated driver.

Continue reading "Ban on texting teens could reduce risk of car accidents in Boca Raton, South Florida" »

It may be miserable in Arlington, Tex. this weekend for the Green Bay v. Pittsburgh match-up, but for South Florida residents the weather should be perfect for hosting a super bowl party. With that in mind, our Palm Beach car accident attorneys remind partygoers and hosts to add designated drivers to their party planning list.

USA Today reports that last year's game between the New Orleans Saints and the Indianapolis Colts drew more viewers (106.5 million) than any other program in television history.

TV by the Numbers reports that unlike most championship sporting events, Super Bowl Sunday has seen a steady - if not at times explosive - growth in viewership since the first hosting (Green Bay v. Kansas City) was played on Jan. 15, 1967 when more than 24 million viewers gathered to catch the game.

For all practical purposes, the game has become an untitled national holiday much to the delight of party planners nationwide. With that in mind, the National Highway Traffic Safety Administration has again teamed up with the NFL and a host of other commercial and public service organizations to promote driving safety.

If you are one of the millions planning on hosting a casual backyard barbeque, a day of pizza and beer, or a more formal affair this Sunday, MADD offers a list of tips to help hosts and guests enjoy the game, and the ride home.

~ FIRST: designate a sober driver. Whether it's a guest or a local cab company, make sure no one gets behind the wheel who shouldn't. Treat your non-drinking sober driver like a king (or a queen) by offering up the best seat in the house or first dibs on the food.

~ Be sure to offer plenty of beverage options that DON'T have alcohol in them.

~ Avoid serving fruity or sweet drinks that may mask the taste of alcohol and lead people to drink more than they should.

~ Provide plenty of good food to eat, but keep then number of salty snacks at a minimum.

~ NEVER serve alcohol to minors. Period.

~ It's your party, so, bottom line - it's your responsibility. If one of your guests has had too much to drink, take charge. Drive them home. Make them stay. Arrange for them to get home some other way.

Continue reading "Super Bowl Sunday a time to celebrate smart, reduce risk of Palm Beach car accidents" »