Articles Posted in Car Accident

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For years, state officials in Oregon dragged their heels when it came to putting up barriers they knew were needed along the interstate. They knew the deadly consequences for failing to do so, and yet set other priorities, vote after vote, year after year.

Then in 2014, a psychiatrist and mental health counselor were carpooling to work at a local hospital one morning when a pickup truck, thrown off course by a torrential downpour and a speeding oil truck, came careening from the other side of the highway, across the raised dirt median and directly into their lane. The health care workers were struck head-on and both were killed.

The widow of the deceased driver happened to be a commissioner for the City of Portland. She vowed enough was enough. She pushed state legislators and the governor into passage of the “Fritz-Fairchild Act,” so named after the victims, that gave the state a six-year timeline to install $20 million worth of cable medians along 100 miles of protected highway. She also settled for $1.45 million a pending lawsuit against the state, alleging negligent highway design. Evidence had been presented indicating state officials knew not only were the dirt berms in the median ineffective at preventing cross-over crashes, they may have actually made them worse by serving as a “launching pad.” Another negligence lawsuit for $9.5 million brought by the commissioner against the pickup truck driver and the oil truck company is still pending. Continue reading →

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Travel safety advocates at AAA report there will be 95 million people traveling more than 50 miles or more from home over the holidays this year. That’s a substantial increase of travelers compared to last year. Only one will have the luxury of a magical sleigh powered by reindeer. Some will board a plane, train or bus. But many more – about 89 percent – will pile into the car.

In fact, the number of people who are getting behind the wheel this season is up for the seventh year in a row. A huge part of that has to do with the fact that gas prices are at an all time low – down to an average of $2.20 a gallon from $3.50 just three years ago. In fact, gas prices for motorists in the Southeast are the lowest they’ve been in six years. Unemployment is shrinking, and that means more people have disposable income. That means a bigger travel budget, and many of them are springing for a warm holiday getaway in South Florida.

That’s going to mean more drivers and higher risks on Florida roads. People are rushing to finish holiday chores, head out to parties and drive across state to see relatives or take advantage of the time off for a getaway. That’s why the holidays are the No. 1 most dangerous travel period of the year. Continue reading →

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Starting in 2018, vehicle manufacturers who want their products to be top-rated in safety by government officials will need to ensure automatic emergency braking (AEB) comes standard.

That was the announcement by the National Highway Traffic Safety Administration (NHTSA), several weeks after a commitment from 10 car companies that promised to voluntarily add the feature to all new models.

To be clear: The NHTSA’s 5-Star Rating system isn’t mandatory. However, vehicles that score poorly in the government testing that guides those ratings tend to be shunned by consumers. In other words, a good safety rating is good for business. Continue reading →

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Police investigating a double fatal crash in Altamonte Springs say an elderly woman confused the gas and brake pedals as she approached a busy intersection.

Witnesses later told reporters they watched in horror and helplessness the woman was traveling approximately 60 mph when she plowed into a line of vehicles stopped at a red light. As a result, authorities say, a father and his infant child were killed. The child’s mother is in critical condition, as are two others. Additionally, three other people were injured and had to be transported to the hospital, though their injuries are described as non-life-threatening. In all, five vehicles were damaged. The elderly woman was not injured.

Cases like this are heartbreaking on so many levels. The majority of older adult drivers practice safe habits behind the wheel and would never want to hurt anyone. However, the physical reality of aging means that there are risks posed by some older drivers that put others in serious danger. Those include things like:

  • Deteriorating eyesight
  • Diminished hearing
  • Reduced reflexes
  • Declining cognitive function/ dementia onset
  • Increased likelihood of medications that may cause drowsiness or impairment

Continue reading →

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Even with Florida’s no-fault auto insurance system, it’s common for those injured in a traffic accident to file a lawsuit against the at-fault driver or other responsible parties. This occurs when damages and costs for injuries exceed a certain amount.

Occasionally, it becomes necessary for crash victims to take legal action against close friends, relatives or even spouses.

That whole notion strikes nerve with people, many of whom insist they don’t want to be in a court battle with someone they love. However, what’s important to keep in mind is these actions are truly not personal. Rather, taking this route is sometimes the only way a person who is injured can recover the necessary insurance benefits to which they are entitled. But individuals can’t sue an insurance company directly for an insured’s wrongdoing. Insurers are only added to the action later, once liability has been established. Continue reading →

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A 27-year-old British tourist vacationing in South Florida was killed recently in a hit-and-run. Witnesses say the BMW that struck him was traveling at upwards of 100 mph. The driver reportedly got out of the vehicle after the collision and fled on foot, leaving three female passengers inside the car. Police are still looking for that driver.

Authorities say the tourist, who is an airline worker vacationing with a friend, was using a zebra crosswalk on Collins Avenue in Miami Beach when the collision occurred.

A witness later told The Daily Mail it appeared as if the driver was traveling up to 100 mph. The impact of the collision was so forceful, the victim ended up nearly 100 yards away from the point of impact. Continue reading →

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A new report released by the Governors’ Highway Safety Association reveals that drug use by drivers is a significant and growing concern among traffic safety advocates.

This is particularly true as a growing number of states (23) have approved marijuana for medicinal use and four for recreational use, while others have significantly relaxed criminal sanctions against possession. Plus, the rates of prescription drug abuse has increased substantially, considering the number of painkillers dispensed nationally has quadrupled in just the last 16 years. Just from 2007 to 2014, the number of drivers who tested positive for marijuana or illegal drugs rose from 12.4 percent to 15.1 percent.

So while the incidence rate of drunk driving has declined significantly, the rate of drugged driving is climbing. In fact, the percentage of drivers killed in car accidents who tested positive for drugs is 40 percent. That’s about as many as tested positive for alcohol. And a recent annual roadside survey conducted by the National Highway Traffic Safety Administration found 22 percent of drivers tested positive for at least one medication or drug. Continue reading →

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In Florida, it is possible to collect for negligent infliction of emotional distress following a car accident, but it is not as simple as suffering emotional harm. In order to collect compensation for such damages, plaintiff must suffer a discernible physical injury.

One of the exceptions noted is what other jurisdictions refer to as the “relative bystander test.” This requires the plaintiff to suffer a physical injury caused by the psychological trauma of witnessing, seeing or otherwise being involved in some way to the event causing negligent injury to another to whom plaintiff has a close personal relationship.

The case of Clifton v. McCammack recently dealt with the issue of negligent infliction of emotional distress under Indiana law. That state is one of those that refers to the exception as the “bystander rule.” There are three circumstantial factors that must be met in order for plaintiff to succeed in a claim for negligent infliction of emotional distress. One of those three factors is “direct involvement” in the incident. Continue reading →

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One minute, the sweet, bubbly toddler girl was playing in a garden in an open air mall with her older sister and nanny. Seconds later, she darted into the roadway, presumably to go play in a fountain outside a hotel across the street from the garden.

Tragically, a 25-year-old driver struck the little girl, resulting in fatal injuries.

Now, her parents, in Washington state, are taking action against the shopping center. They allege the garden, which was designed for play by preschool age children, violated a number of safety guidelines intended to protect small children where such designated play areas are located near streets and when there is no fence or gate to fully close it in. Continue reading →

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Mistakes in road construction can result in serious injuries to drivers and others. These errors could include things like improper signage, requiring motorists to negotiate a turn that is too sharp or leaving a dangerous condition on the pavement.

The question of who may be held responsible for this depends on a host of factors, though it is possible in some cases to hold liable the construction company that did the work and/or the government agency that contracted the work.

However, the liability of the government is often heavily dependent on local law and the extent to which the doctrine of sovereign immunity is enforced in a particular state. Sovereign immunity shields government from liability unit agrees to be sued. Florida has a broader-than-most waiver of sovereign immunity, but that doesn’t mean cases will be easy. Continue reading →

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