Articles Posted in Car Accident

Many of us are fully aware of the dangers of distracted driving, but we seem to have been lulled into a false sense of security with regard to one aspect: hands-free cell phones.

Our Coral Springs car accident lawyers know that in terms of accident prevention, hands-held devices do almost nothing to keep us safer.

Now is an appropriate time to drive this message home, as April is National Distracted Driving Awareness Month.

Although laws restricting cell phone use by drivers vary significantly from state-to-state, there are several places that allow hands-free devices, while hand-held devices are banned. While we would posit that some restriction is certainly better than none at all, we must question this erroneous notion that somehow not actually holding a device while having a phone conversation makes it safer.

(It’s worth noting that Florida has no cell phone restrictions at all, though it’s likely that could change in the current legislative session, with a number of bills working their way through committees.)

The National Safety Council notes several studies that have shown that drivers on cell phones – regardless of what kind – suffer from something called inattention blindness. This is sometimes referred to as tunnel vision. Essentially, the driver engaged in a conversation is looking at the road ahead, but they aren’t actually “seeing” it or fully processing and reacting to it.

The National Transportation Safety Board recommended in late 2011 that all states and D.C. enact bans of all electronic portable devices, including those that are hand-free. And yet, legislation almost always focuses on texting and handheld phones. Many employer policies too allow the use of hands-free devices. Presumably, all of this is under the premise that hands-free is somehow safer.

It’s not.

One tragic example was noted in Michigan, when a 20-year-old driver using a hands-free device blew through a red light and failed to brake even after smashing into several vehicles in the intersection. She was traveling nearly 50 miles per hour and she never even touched the brakes. Witnesses said she wasn’t on her phone or dialing or texting. She had been looking straight ahead. Both hands were on the wheel. She wasn’t drunk or drowsy. But she was talking into a headset. A 12-year-old boy was killed.

The problem is that hands-free devices do nothing to eliminate the distraction caused by an over-the-phone conversation.

Our society tends to value the ability to multi-task. But the reality is, doing two things at once means at least one won’t be done with optimal effectiveness. Our brains have a limited capacity for attention. A person who is talking a cell phone and driving has their attention divided, their brain overloaded. The driver may not be consciously aware that he or she is not processing the entire surroundings.

Drivers who are talking with passengers in the vehicle actually make fewer mistakes in this regard than those talking on a phone. Part of it is that passengers are also actively monitoring the surroundings with the driver. Passengers may also on cue suppress conversations when driving conditions are more dangerous or demanding. Someone on the phone can’t do that.

This month, pledge to end ALL cell phone conversations behind the wheel.
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April is National Distracted Driving Awareness Month, and our Vero Beach car accident lawyers want to encourage everyone to take the time to get educated, spread the word and pledge to maintain focus on the road ahead.

Cell phones in particular are of serious concern. The reality is, not all distractions are created equal.

More than eating or putting on make-up or changing the radio station, cell phones are the primary distraction for drivers. The National Safety Council reports that at any given moment during the day, 9 percent of all drivers are talking on their cell phones. Countless more are texting.

The NSC estimates that about a quarter of all crashes involve some type of cell phone use.

We know that two-thirds of all drivers admitted to talking on their phone while driving in the past 30 days and a third said they do that fairly often, according to a 2011 AAA Foundation survey. Most of those people believed they could safely talk on their phones. They didn’t set out that day to seriously injure or kill someone else.

But they need to know better. This is a great opportunity to get involved. Have a conversation with your parents, your friends, your teenagers and your spouse. Inform that that every text steals their attention for nearly five seconds. Depending on your speed, that could be the length of a football field. Let them know you care about them far too much for them to risk their lives this way.

In the first 10 months of 2011, the Florida Department of Transportation reported that there were more than 2,215 crashes linked to distraction involving electronic devices. At least 150 of those were shown to have been directly caused by texting and driving.

Florida is one of just five states in the country without a ban on texting and driving. Previous attempts to pass such legislation fell flat. Last year, the state Speaker of the House refused to even hear it.

But that could change as legislators are pushing for five different measures that relate to distracted driving. One is a proposed House bill would make texting while driving a secondary offense, while a bill being mulled in the senate would allow drivers who kill someone as a result of texting while driving to be charged with vehicular homicide.

Another ongoing effort compares texting and driving to drinking and driving, and urges drivers to use a “Designated Texter.” It’s simple: If you’re driving, pass your phone off to someone else in the vehicle and have them take charge of the correspondence, as opposed to trying to tap out their own messages while driving.

Encouragingly, many teens interviewed by local media said they are doing this anyway. What’s more, nearly 80 percent of teens responding to a State Farm Insurance survey said they had spoken up about distractions while in the car with a friend who was being less than attentive behind the wheel.

At the end of the day, our Vero Beach accident lawyers know you can’t control the actions of anyone else. But you can take personal responsibility for this problem and take the NCS pledge to drive cellphone free.
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We’ve come a long way from the days of monstrous “car phones” that were first employed for business purposes in the 1980s.

Our car accident lawyers know that among all the distractions employers try to curb among workers, the use of cell phones behind the wheel is the most deadly.

Being that April is National Distracted Driving Awareness Month, employers should be concerned for the safety and well-being of workers, with the additional understanding that they could be held liable if one of their workers crashes while talking or texting while driving. The National Safety Council urges all employers to adopt cell phone policies that make it explicitly clear what they expect of workers when they are driving, bearing in mind that hands-free devices are just as dangerous as hand-held devices.

This is especially critical here in Florida, where we are one of just five states lacking any kind of legal restrictions on cell phone use or texting for motorists.

We know cell phone use quadruples the risk of a crash. We also know that many of those using cell phones in their vehicle during daylight hours are working. Employers have an important role and responsibility in reducing these numbers.

The NSC determined that the number of employers enacting cell phone policies has risen steadily since the late 1990s, for the most part keeping pace with the number of cell subscribers. In 1999, there were just 3 percent of NSC member companies that had cell phone policies. Fast-forward to a decade later, and 50 percent either had handheld or full cell phone bans. It’s climbed steadily since then, but we still have quite a ways to go.

Part of the problem is the perception among corporate administrators that productivity is going to decrease or that employees will be resistant to the policy.

However, the NCS found that simply wasn’t true. More than half said there was no impact on employee morale. About 62 percent said they had seen no change in productivity, and 10 percent even reported an increase in productivity. Just 2 percent reported a decrease.

Further, companies that fail to implement a cell phone policy – or worse, encourages cell phone use by its driving employees – opens itself up to the risk of expensive litigation and potentially losing some of its best workers. Liability may be increased in states that have legislated cell phone restrictions. While Florida doesn’t yet have this, there are five different bills currently in the pipeline hoping to address this loophole.

Employers seeking to implement a cell phone policy should clearly communicate to employees the “why” of the matter – that they care about each of them, and feel an obligation and a duty to do all they can to keep them safe.

Once a policy is enacted, employers should make sure that the education is ongoing, that employees understand the laws and the risks and that you are following up to ensure the policy is being obeyed.
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When it comes to prevention of serious injury or death in an auto crash, our Tamarac car accident attorneys know that sometimes vehicle safety features – or a lack thereof – can make all the difference.

Now, the National Highway Traffic Safety Administration is offering consumers a tool that will help them to navigate the best and safest vehicle purchase options, as well as keep abreast of recalls and other important information.

It comes in the form of an iPhone and iPad application called SaferCar. Users looking to buy a car can search vehicle safety ratings by make and model. It’s similar to what is available already through SaferCar.gov, but now it’s at your fingertips in real time while you shop. You’ll easily be able to review and compare crash test ratings and see how the car you are looking to buy stacks up against other similar models on the market.

For example, let’s say you are comparing a 2011 Chevrolet Tahoe sport utility vehicle with a 2011 Jeep Grand Cherokee sport utility vehicle – both four-wheel drive. You would learn that while they are both fairly similarly rated overall, the Chevrolet fares better in frontal crashes. In fact, the NHTSA recommends the Jeep install forward collision warning technology. However, the Chevrolet falls short compared to the Jeep in terms of rollover safety.

The app also provides access to information regarding recalled vehicles or recalled vehicle parts, including tires and child safety seats. Last year, there were more than 17 million automotive-related recalls, so it’s understandable that one would have difficulty keeping up with them all. The app provides automated alerts. For example, there is a wealth of information on counterfeit airbags and how to watch out for a potential problem in your own vehicle. Consumers can even be customize alert settings according to your vehicle make and model or the type of car seat you have purchased.

With regard to car seats, the app also provides information about and directions to the nearest location where parents or grandparents can seek out a car seat inspection. Even if you are fairly certain you have installed the seat or booster correctly, there is no harm in having it checked over by a professional.

Users will also get real-time press releases from the NHTSA, which alerts motorists to hazardous driving trends, enhanced enforcement efforts and consumer complaints.

Consumers who want to make complaints too will have easy access to do so with the app, which contains a simple Q-and-A form that can be used to report safety problems with a certain vehicle.

In this way, you can view your participation as public service in itself. The majority of recalls and vehicle safety warnings are issued as a result of investigations initiated on the basis of consumer complaints.

While the app is currently only available at Apple’s iTunes store, the agency is working to develop a version that will be compatible with Android devices as well.

You can also link to the information by visiting www.SaferCar.gov.
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When you picture your stereotypical drunk driver, you may imagine someone who indiscriminately goes out drinking, stumbles into the car and drives home without a care about the risk he is taking.

While there are certainly some drivers who fall into this group, there are also a lot of people who want to make responsible decisions but who make the tragic mistake of having one too many drinks and driving home because they don’t realize they are drunk.

Now, a California-based start-up company is aiming to tackle this problem by arming people with the information they need. According to MSN Autos, the California company has developed a product called the Breathometer. Our Palm Beach accident attorneys know that this device is intended to allow you to use your smartphone to check your blood-alcohol content on the go.

Smartphone App Could Save Lives
The Breathometer combines an app with a small device that hooks up to your smartphone by using the headphone jack on the phone. The app and device will work with both Apple and Android products.

When you have hooked the device up to your phone, you can blow into it just as you blow into any type of breathalyzer. The data will be transmitted to the app on your phone and you can use the app to see what your blood alcohol content is. You can thus see immediately if you are at the .08 limit, close to the limit or over the limit.

Based on your BAC, you will have an objective way to make a determination about whether it is safe to drive home. If you are close to the limit or over the limit, then you will know it is not safe for you to get behind the wheel. You can then use your smartphone to call a cab company or find another way home. The app will even make it easier for you to do that by providing you with information on local transportation providers.

The app is not yet available for purchase but is in development and hopefully will be soon. The California start-up company is seeking approval from the Food and Drug Administration and is trying to secure crowd source funding to bring the product to market by offering a guarantee of a Breathometer in exchange for a pledge.

Should You Use a Smartphone App To Test Your BAC?
Those who make a pledge of $20 to the company will be entitled to a Breathometer product when the device comes out, which makes the BAC tester an affordable solution. The device will also offer you convenience since chances are you probably already take your smart phone with you when you go out. The small investment that you’ll make to buy the device could thus help to save your life some day.

There are also other devices on the market that serve a similar purpose, however, so you don’t necessarily need this particular product in order to have a way to avoid driving drunk. For around $30 or less, you can purchase a device that hooks right onto your keychain to test your BAC.

The Breathometer and other BAC testers can help you to avoid becoming the victim of a drunk driving crash and help you to avoid hurting others. The small price of the device is well worth the benefits of potentially saving a life.
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The “Minor Traffic Safety Act,” or Senate Bill 152, is looking to stop teen drivers in the state of Florida from making phone calls or text messaging behind the wheel.

According to the TC Palm, the bill could potentially suspend a teenager’s driver’s license for a month if they’re busted driving while engaging in any of these activities.

There’s controversy on both sides. Many believe that this law will serve as an excellent deterrent for young drivers. Others believe that it’s not even going to phase them and that these young drivers will continue to call and text behind the wheel regardless.

Our Delray Beach car accident lawyers understand that Florida continues to be one of the only states left in the country that has yet to enact any kind of law to ban these electronic devices behind the wheel. Many bills have been proposed, but each has failed to become law.

Democratic state Sen. Darren Soto, of Orlando, recently introduced a bill that would force a driver who killed someone while texting to face a vehicular homicide charge.

“I was horrified to find out that right now there is no stated penalty for that,” said Soto.

According to 13NEWS, a House transportation subcommittee recently voted on a bill that would make text messaging while driving a secondary offense. It might not be the strongest law on the books, but it’s a step in the right direction. If a driver is busted text messaging while driving, after getting pulled over for another offense, then he could be slapped with a fine of $30.

But is that enough? Are Florida drivers ready to put down the phone, or are they willing to hand over that fee to use it while driving? Many believe that we’re going to need stricter penalties and consequences to get drivers to hang up and stop texting.

Opponents argue such laws infringe on residents’ privacy, and that it’s no business of government to monitor what drivers are doing. Dangerous driving habits should be a concern for everyone though. What you do on your own time is fine, but when you’re endangering an innocent person, it should be everyone’s concern.

As it stands now, there are eight distracted driving bills in the state’s Legislature.

Distracted driving continues to kill. According to Distraction.gov, there were more than 3,000 people killed in distracted driving car accidents in the U.S. in 2011. This is a number that’s been on the rise for quite some time now. More than 10 percent of all drivers under the age of 20 involved in fatal crashes were reported as distracted at the time of the crash. This age group has the largest proportion of drivers who were distracted.
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A rollover accident right in front of Seminole Ridge High School left one driver in the hospital. According to The Palm Beach Post, the accident happened just before 5:00 p.m. Luckily, everyone was out of the vehicle with officials with the Palm Beach County Fire Rescue arrived on scene. One of the occupants was transported to Palms West Hospital.

Our Palm Beach car accident attorneys understand that it’s the time of year when we can expect an increase in the number of South Florida accidents. With spring break, prom and graduation, teens will be at especially high risk. These newly-licensed drivers have some of the highest accident rates. In fact, car accidents continue to be the number of cause of death for teens and young adults.

To help to prevent these kinds of accidents and to help to keep your young drivers safe, talk with them today about the importance of safe driving. Unfortunately, many of these young motorists think they’re invincible behind the wheel, and that couldn’t be farther from the truth.

According to the Florida Sheriff’s Association, passengers increase your teen driver’s risk for an accident. According to the AAA Foundation for Traffic Safety, the likelihood that a 16- or 17-year-old driver will be killed in an accident increases with each additional young passenger in the vehicle. With one passenger in the vehicle, they’re close to 45 percent more likely to get into an accident. With two passengers, those risks increase. Thousands of teen drivers are killed every year in automobile crashes.

Traffic accidents happened every 12 seconds in the U.S.

One of your best bets in helping your teen to be a safer driver is to enact a parent-teen driving contract within your household.

With this agreement, you should make sure that your teen is always buckling up. You also want to make sure that they understand the rules of traffic lights, stop signs, road markings and other street signs. In addition to the GDL laws of Florida, you can enact additional requirements or limitations. Make sure they keep their passengers to a limit, they’re home by the established curfew and that they’re avoiding distracted driving. Teens are more likely than any other drivers to drive while engaging in distractions, especially when those distractions involve cell phones and text messaging devices. Make sure they’re keeping their hands on the wheel and their eyes on the road.

Each one of these steps can help to keep them safe out there. Have the talk with them today, before they head out on their spring break shenanigans.
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You’re most likely to get into a traffic accident while making a left-hand turn at a busy intersection.

According to Dr. Tom Schweizer, a researcher at St. Michael’s Hospital, those risks skyrocket when you’re using a hands-free cell phone. In fact, drivers were examined using a simulator — this was the first interactive distracted driving study to have participants use a steering wheel instead of a trackball or a joy-stick.

Our Lake Worth car accident attorneys understand that this study helped researchers to map in real time which parts of the brain were affected in a number of driving scenarios. The statistics speak for themselves. We know that distracted driving kills. According to distraction.gov, there were more than 3,330 people killed in distracted driving car accidents in 2011 in the U.S. Cell phones accounted for a majority of these fatalities. As a matter of fact, drivers who use hand-held devices are 4 times more likely to get into crashes serious enough to injure themselves. Text messaging behind the wheel creates a crash risk 23 times worse than driving while not distracted.

Regardless of how dangerous it may or may not be, Florida lawmakers have done nothing to minimize the risks. Despite the number of bill that have attempted to address distracted driving, none of them have passed. Florida lawmakers have no concern with helping to keep drivers’ eyes on the road as they say that government needs to stay out of Floridian’s vehicles. Still — hundreds are killed in the Sunshine State each and every year because of distracted driving.

Researchers with St. Michael’s Hospital were able to prove just how much brain attention is needed when making a left-hand turn. It actually takes more brain activity than driving on a straight road or driving while making other maneuvers. Driving is a complex task that requires a lot of attention. You’ve got to be on the lookout for roadway dangers and you’ve got to be ready to react. You can’t afford to mess with anything that’s going to delay those reactions. Just a fraction of a second can mean the difference between life and death.

When drivers are talking behind the wheel, the portion of the brain that’s in charge of vision is drastically altered. This study was recently published in Frontiers in Human Neuroscience.

The bottom line is that drivers need to focus all of their attention on the task at hand — driving. When you’re behind the wheel, there’s no room for error. There’s no phone call and no text message that should be worth risking a life. Although it may not be law in the state of Florida, drivers are asked to act in good faith and to hold off on the distractions. If there’s a phone call or a text message that needs your attention while you’re driving, it’s critical for you to pull over and stop safely before handling such business. Your safety depends on it.
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According to a new report from the Governors Highway Safety Association (GHSA), our teen drivers are at higher risks on our roadways than previously believed. The report concluded that the number of fatalities among 16- and 17-year-olds in traffic accidents in the U.S. skyrocketed during the first six months of 2012. Officials estimate a near 20 percent increase from the year before, jumping from about 200 fatalities to close to 250.

The new report from GHSA looked at all state records for teen driver fatalities in 2012. According to Dr. Allan Williams, former chief scientist at the Insurance Institute for Highway Safety (IIHS), these increases coincided with the numbers from the National Highway Traffic Safety Administration (NHTSA).

Our Deerfield Beach car accident attorneys understand that teens saw the most dramatic increase during this time, despite the fact that there was only an 8 percent increase in the number of overall traffic fatalities throughout the year. For 16-year-old drivers, there was an increase of 24 percent in the number of fatalities and a 15 percent increase among 17-year-old drivers. Twenty-five states reported increases in these numbers. Only 17 reported any decreases and 8 reported no change at all.

Dr. Williams believes that this number is climbing because each state’s Graduated Driver’s Licensing (GDL) program and laws have largely been enacted. He says that they’ve been in place for too long without much enforcement. It’s the enforcement and awareness of these laws that help to make them effective.

He also believes that the improving economy is to blame as well. With a steady economy, Americans spend more time behind the wheel. When our teens are driving more, we can expect higher accident rates.

“Based on 2011 final data and the early look at 2012, it appears that we are headed the wrong direction,” said Dr. Williams.

What’s worse is that these drivers are not only endangering themselves out there, but the rest of the motorists on the road. This is why the driving habits of our teens needs to be a concern for everyone.

According to the report, there were close to 10 teen drivers killed in car accidents during the first 6 months of 2012.

Parents and guardians are asked to talk with the teen drivers in their family frequently about the responsibilities they have behind the wheel. It’s important that we’re all aware of the state’s GDL laws and that we’re all helping to enforce the rules of the road. Where parents and guardians feel we need more laws — they should feel free to go ahead and enact them.

This is especially important during the month of March. We’re heading into that season where there are more teen drivers on our roadways than ever. We’ve got spring break, prom, graduation and a number of other festivities. Keep tabs on your teen driver. Make sure they understand what it takes to stay safe behind the wheel.
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A Florida State committee is taking the first step at making texting while driving against the law. A Florida father has made it his personal journey to get this done, according to My Fox Tampa Bay. His name is Steve Augello and he lost his daughter in a distracted driving car accident.

It wasn’t his daughter’s fault either. It was the irresponsible driving habits of another driver that cost her life. It was a text message. And he’s working to make sure that no other family has to go through this kind of pain.

“I miss my daughter,” Augello said.

Our Lake Worth car accident attorneys understand that Florida is one of the few states left that allows drivers to engage in this dangerous driving behavior. Florida is one of the only states left that allows drivers to talk on cell phones and text message behind the wheel. And Augello drove to Tallahassee to try to put an end to it. He drove to our state capitol to testify for a ban that could potentially make it illegal for drivers to text and drive.

This isn’t the first time though that Florida lawmakers have debated such a measure. There have been a number of bills that have failed to make it through the law-making process. The first anti-distracted driving bills started making their way into Florida lawmakers’ laps about 10 years ago. Still, we’re one of only six states to go without a ban.

Critics of these kinds of bills say that the government needs to stay out of citizens’ cars.

Augello doesn’t agree. He says that when he meets one of these critics, he just shows them a picture of the vehicle that his daughter was driving when she was killed by a distracted driver.

According to Vanessa Jones, a spokesperson with AAA, it’s tough to put a number on exactly how many lives are lost each year in these kinds of accidents. Distractions are hard to prove as drivers aren’t ready to admit that it was their distractions that caused an accident. But the truth of the matter is that a driver is four times more likely to get into a car accident while talking on a cell phone behind the wheel. They’re close to 25 times more likely when they’re text messaging.

Although Florida lawmakers may not be on board with banning this activity for drivers, there are plenty of Fortune 500 companies that have made the move. Companies like Disney and Darden have already enacted policies within the workplace that stop workers from texting and talking on cell phones behind the wheel. Many of these companies hope that their small changes will help to make a difference in the big picture.

The new bill, Senate Bill 52, isn’t as tough as it could be. It would only make texting while driving a secondary offense. This means that a driver would have to be pulled over for another offense before he could be cited for text messaging behind the wheel.

Augello says that it’s not the best, but it’s a step in the right direction.

According to AAA, distracted driving is the culprit in more than 15 percent of fatal traffic accidents and accounts for about 5,000 fatalities each and every year.
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