Articles Posted in Car Accident

Florida is one of eight states being used in a pilot program to map the safest roadways according to a recent article in USA Today.

If all goes as planned, Florida motorists will be able to log onto a website to determine the safest roads to travel in order to avoid car accidents in West Palm Beach and elsewhere in the state.

Our Fort Lauderdale personal injury attorneys know that a program like this could make road trip planning a much safer and more enjoyable way to travel across Florida and the U.S.

Internet savvy road trip planners can add one more thing to their checklist: figuring out which route will be the safest to travel based on roads that have the highest reported traffic deaths and injuries. AAA Foundation for Traffic Safety is in the development stages of designing such a program for in-vehicle navigation systems. The idea is to be able to shop for “Five-Star Safety” routes as you would when purchasing an automobile.

The idea came from a public interest survey taken in 2009. The foundation survey found that 2,141 drivers, or 73% of motorists surveyed, would use a feature that would determine the safest roadways if offered, especially when traveling on unfamiliar roadways.

SafeRoadMaps.org, founded in 2008 has received several hits from viewers trying to plot the safest roadways. The interactive site from University of Minnesota’s Center for Excellence in Rural Safety allows drivers to mark fatal crashes on a map online for roadways all over the country.

Other states involved in the pilot program are New Jersey, Michigan, Iowa, Illinois, Kentucky, New Mexico, and Utah — the foundation hopes to add more states throughout 2011. The hope is that the data on fatalities and safety features for this site will be used by local and state officials as well, when promoting the safety of their roadways.

Florida motorists currently have the luxury of finding the shortest route on map websites but if given the opportunity to find the safest route would that change their planning on a road trip? Most drivers would agree that it’s better to get to your planned destination safely than to plan to get their quicker and not make it at all.
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The odds of getting in a West Palm Beach car accident with a driver who has a suspended license are pretty good these days, or at least better than they used to be before they changed the law for habitual offenders.

In July 2008, Florida legislature changed the law so that repeat offenders driving without a valid license could no longer be charged and sent to prison. Habitual traffic offenders are defined as drivers with at least four major traffic sentences.

Our West Palm Beach personal injury attorneys are concerned about the trend, particularly given that most of those driving without a license also have no insurance. With unemployment rates still on the mend, drivers are faced with difficult financial decisions. Failing to pay the car insurance premium may seem like a good idea when faced with the challenge. Other examples that cause a driver’s license to be suspended are failing to pay child support, charged with driving under the influence, or failure to pay traffic fines.

According to a recent article in Florida Today, drivers operating a vehicle without a valid license is becoming a legitimate concern in Florida. The article points out that offenders aren’t afraid because they know they won’t face prison time. It was reported that in early 2010, a man driving with a suspended license was pulled over and arrested on the charge he was a repeat traffic offender. In mid-May, the charge was dropped due to the fact that there was no probable cause to pull him over and was considered inadmissible in court.

Less than a week later, the same habitual offender hit a motorcycle while turning left on a green light at Wickham Road and U.S. 192. The motorcyclist sustained severe injuries leaving him in a coma for 2 months. His wife riding on the back of the bike was killed instantly.

This crash is one of many fatal crashes that found the at-fault driver in violation of driving with a suspended license last year in Florida. The victim in this case continues to rehabilitate after numerous surgeries while the driver continues forward uncharged. Prior to the May violation the driver had 5 suspensions on his record.

The likelihood of a hit-and-run accident occurs when the driver at fault panics. If you are a victim of a hit-and-run accident seek the advice of legal counsel so that you are informed of your rights.
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By this time, snow birds have migrated so Florida motorists are reminded that it is high time for heavy traffic and the most dangerous time of year on South Florida roads. Our person injury lawyers in Fort Lauderdale are taking the time to remind drivers of the dangers faced this time of year in a series of blogs about dangerous driving behaviors.

Previously reported blogs have touched on speeding, drunk driving, distracted driving, aggressive driving, and teens.

Our final topic about the older-driver population concludes the series.

High traffic congestion can leave senior drivers (over 65 years old) stressed and agitated. AAA Seniors notes the most common factors in older driver car accidents in West Palm Beach and elsewhere are:

-Failure to pay attention.

-Confusion in the midst of heavy traffic.

-Making left turns when not permitted.

-Driving too slow or too fast in comparison with the speed limit.

-Slowed response to new traffic signals and signs, or markings on the roadway.

-Failure to yield the right of way to other drivers.

In 2009, the National Highway Traffic Safety Administration reported 13% of the total U.S. population was over the age of 64. It was reported that 16% of all traffic fatalities and 19% of all pedestrian fatalities were people ages 65 and older.

It should also be noted that in 2-vehicle crashes between an older driver and a younger driver for that year, elderly drivers were 1.7 times more likely to be the victim rather than the at-fault motorist. Alcohol is very rarely detected in older-driver vehicle crashes but more often the driver is male.

The Florida Highway Safety and Motor Vehicles reported over 400 older adult (65 and over) fatalities in motor vehicle crashes in 2009. And the age of victims seems to be climbing for older adult drivers; it was reported that 12 drivers fatally injured in 2009 Florida crashes were ages 90 or over.

As we age, our bodies change. Elderly drivers, despite changes in health, cling to their keys to refrain from giving up their independence. Many don’t know or want to admit when it is time to stop driving. The following are some tips to follow as our health declines and driving becomes more difficult:

-Change in medications can affect driving ability – consult with a doctor to make sure side effects don’t affect driving.

-Annual hearing and vision tests should be performed. Glasses and hearing aids should be worn while driving if prescribed by a doctor.

-Tiredness affects driving ability so never drive if you feel groggy.

-Modify positions in your vehicle if mirrors or seats make it difficult to operate your vehicle.

-Only drive on familiar roads during daylight hours.
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Our West Palm Beach personal injury attorneys have been reporting about high traffic season in Florida and the dangers involving certain behaviors like drunk driving, aggressive driving, distracted driving, and speeding.

We continue our series with the next topic, teen drivers’ safety during high traffic season. With spring break, proms and graduations just around the corner, young drivers will be out on the roadways more frequently and during later hours.

Car accidents in Fort Lauderdale typically increase this time of year due to the high volume of motor vehicles on the roadways. Factors leading to these crashes frequently involve poor driving decisions. Teen drivers are typically most at risk because of their inexperience.

In 2009, Florida Highway Safety and Motor Vehicles reported that 18 year-old drivers had the highest crash rate involvement in all crashes at 490.46 deaths.

The age reporting the highest rate of fatal crashes was 17 year-olds which reported a rate of 4.08 per 10,000 licensed drivers.

Motor vehicle crashes are the number one killer for young driver’s ages 15-20 years old. In 2008, the National Highway Traffic Safety Administration reported almost 2,800 deaths and another 228,000 injured in motor vehicle crashes for this age group. There are more deaths in this age group from this cause than if you were to combine the total death tolls of cancer, homicide and suicide.

Florida, in 2008, reported 195 young driver fatalities in motor vehicle crashes. There were another 259 people (passengers or occupants of other vehicles) killed in crashes involving young drivers.

According to the 2009 Florida Traffic Crashes Statistics reported by FHSMV, there were 80 teen drivers and 73 teen passengers killed in a total of 29,485 crashes in the state for that year. The frequency of crashes is definitely proven higher this time of year with March recording the most crashes in 2009 at 21,599.

Saturday night at 9 p.m. through Sunday morning at 2 a.m. was the most critical time period for fatal crashes in Florida for 2009.

The excitement of prom and graduation can be hard to contain but teen drivers are reminded to drive responsibly. Most importantly, don’t drink and drive. Causing a car accident in West Palm Beach while drinking and driving under-age could change your life and the life of another forever.
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February, March and April marks high traffic season in Florida’ northerners will continue to migrate south to get out of the cold and snow that has hit the country so hard this winter season.

Florida roadways will continue to be packed with out-of-towners that become distracted because they are lost, or are late meeting someone, or have a car full of kids on vacation. These are examples of why Florida motorists need to be on high alert for the increase risk of Fort Lauderdale car accidents during the next few months.

Our West Palm Beach personal injury lawyers frequently report about the dangers of distracted driving but recently have been focusing on other topics regarding safety this time of year. Our series of topics include speeding, aggressive driving, drunk driving, teen and elderly drivers.

When traffic is congested these types of behaviors and drivers pose a threat to Florida roadways and increase the risk of motor vehicle crashes.

Distracted driving is considered to be among the most common, and most dangerous, driving behaviors — with talking or texting on your cell phone leading the list. State lawmakers are considering several bills that would ban texting while driving in Florida. According to Governors Highway Safety Association, Florida is one of few remaining states that haven’t passed some sort of texting or cell phone use ban on drivers.

Though not much attention is given, there are other forms of distraction. Essentially, drivers are considered distracted by anything that takes their eye off the road, their hands off the wheel, or their mind away from driving. Things like eating, conversing with other passengers, reading a map, or changing a radio station are also considered distractions while driving.

According to Distraction.gov almost 5,500 people were killed and another 448,000 were injured in 2009 in distracted driving crashes in the United States. It was reported that 20% of injury crashes in 2009 were due to some sort of distraction by the driver. It is believed that reaction time diminishes substantially; equivalent to the reaction time of someone who is driving under the influence with a blood alcohol concentration of .08.

In 2009, the Florida Highway Safety and Motor Vehicle reported that March and April were two of the three deadliest months in Florida with regard to fatal crashes. March reported a total of 224 fatal crashes and April reported 214 which was only one crash behind the second most dangerous month of December. The report also indicated that over 1,500 injuries occurred in Florida in 2009 due to driver distraction behind the wheel.

Though distracted driving is becoming more of a concern in Florida and nationwide, it’s often cell phone use and texting that dominate the news about distracted drivers. Campaigns against distracted driving are often headliners these days as was the case in a recent article in Orlando Sentinel, which gave kudos to a student organization at UCF for winning the prestigious Law Enforcement Traffic Safety Award.

At the recent United Safety Council’s banquet in the late January, the UCF Student Government Association was awarded for their “Put Down Ur Cell Fone” campaign conducted late last year. Ironically, the student organization beat out some of Florida’s largest companies like Disney, Progress Energy, and Boeing Corporation to win the award.

Distracted driving among other things is a concern for Florida motorists, especially this time of year when the risk of a West Palm Beach car accident is greater due to highly populated roadways. Motorists are reminded to slow down and focus on the road in order to keep yourself and other drivers safer during high traffic season.
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Have you been thinking about your next planned activity on your next free day? Many residents as well as visitors enjoy activities in Florida like jet skiing or parasailing. Perhaps a rickshaw ride would be a more appropriate way to see the sights while experiencing something different for a change.

But before planning your next adventurous activity, our Fort Lauderdale personal injury lawyers want to point out the risk and potential injuries these activities can cause. We’re not trying to be kill-joys. But it’s important to know and understand that not all operators of tourist activities are created equal. Some are as concerned about guest safety as they are about profits. Others … not so much.

The Sun Sentinel recently reported on the boom in the rickshaw business in Fort Lauderdale.

The city has received applications to increase the current fleet of 20 pedicabs to more than 60. Law enforcement officials are worried about traffic safety. In addition, city officials need to improve safety regulations. It is surprising that the safety regulations had not been changed considering the serious New Year’s Day accident in 2008 that left 2 women injured.

That accident involved a hit and run driver that rear ended the uninsured rickshaw.

Currently the city doesn’t require safety features such as turn signals, rearview mirrors, lights and seat belts to be placed in rickshaws. The minimum requirements for operators include: need a valid driver’s license, they can’t interfere with traffic, and they must carry liability insurance of $100,000 per accident.

Fort Lauderdale officials are considering requiring as much as $1 million in insurance coverage, safety features including seat belts, inspections of the pedicabs done annually, and having ownership and rate information posted in the vehicle. The city is also considering increasing the rickshaw fleet by only 12 instead of the requested 50.

Fort Lauderdale’s Police Department wants rickshaws barred from congested streets where space is at a premium.

In the past several years Orlando and New York City have implemented stronger regulations regarding pedicabs after accidents or the increased number of pedicabs increased the dangers faced by riders and motorists alike.

In 2008, the National Highway Traffic Safety Administration (NHTSA) reported there were 716 pedalcyclists killed and another 52,000 were injured in traffic crashes.

Some facts about fatal pedalcyclist crashes:

-69% occur in urban areas.

-64% occur at non-intersection locations.

-28% occur between 5 p.m. and 9 p.m.

-12% happen in September and 9% happen in June.

Interestingly, the first motor vehicle crash in the U.S. occurred in 1896, when a motor vehicle crashed into a pedalcycle rider.
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Motorcycle accidents involving large trucks are often fatal or cause catastrophic injuries to the motorcyclist. Whether a car or a truck, the most serious injuries to a rider often come from contact with the ground. Our Palm Beach personal injury attorneys want to remind you to be on the look-out for riders in order to avoid a West Palm Beach motorcycle accident.

TCPalm recently reported on a motorcycle accident involving a semi-truck. An early morning crash between a motorcyclist and a semi-truck left the rider in grave condition.

The National Highway Traffic Safety Administration (NHTSA) considers a truck large if it weighs in excess of 10,000 pounds. Commercial trucks can weigh up to 80,000 pounds, or more with special permits. It is pretty clear who has the weight advantage when a motorcycle and rider maybe weigh just a few hundred pounds.

In 2008, the NHTSA reported 4,955 fatal motorcycle accidents nationally; 523 occurred on Florida roadways. Of all fatal motorcycle crashes, 47% involve colliding with another vehicle, 25% of fatal crashes involve hitting a fixed object.

Sport Rider offers this advice for urban motorcycle riding:

-Pay attention to vehicle types that are around you. It may be obscure to profile drivers by vehicle type but the information is valuable and will make you a better rider. If you see a dented, neglected vehicle it means that driver has made a lot of careless mistakes. You don’t want to be their next mistake. Volvo’s are known for their high safety ratings in a crash. Minivans are often carrying kids, which could lead to a distracted driver. High-performance cars can accelerate and change lanes really fast, give them plenty of room if they seem in a hurry.

-‘Ride in the mirrors’ of the vehicles around you, which will keep you out of their blind spots. You need to be able to see the driver’s face in their mirror so they can see you. When riding in urban settings avoiding blind spots should be your top priority.

-Ride defensively by positioning yourself so if something bad happens, you have plenty of room to get out of the way. Driver’s make a lot of mistakes, not using a turn signal, abrupt lane changes and sudden stops. You can’t control what they do but you can plan on it happening, so always have an escape route.
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Vehicle defects can lead to serious West Palm Beach car accidents. Toyota consumers may be thrilled with the recent information released by National Highway Traffic Safety Administration stating that conclusive testing results have indicated that no electronic flaws were found in Toyota vehicles that would explain unintended acceleration by the vehicle.

Our Fort Lauderdale personal injury lawyers want drivers of Toyotas to be somewhat skeptical of the news based on the number of test models used in the investigation. The fact still remains that Toyota sells over 8 million vehicles in a calendar year. We think it more likely a defect exists than it is that hundreds of drivers inexplicably forgot which was the gas and which was the brake.

The announced results by the NHTSA comes on the heels of Toyota Motor Corporation being cited last year for over $32 million in civil penalties for two vehicle defects: accelerator pedals sticking and faulty floor mat design leading to entrapment of the accelerator pedal.

The government called on NASA engineers to conduct the 10-month study for electronic flaws leading to unintended acceleration in vehicles. The engineers were experts in software reliability, electromagnetic interference, and computer controlled electronic systems. During the study, engineers assessed the electronic circuitry and examined over 280,000 lines of software code for potential problems that could lead to inadvertent acceleration. In addition, mechanical components were tested that could result in unsolicited throttle openings.

U.S. Transportation Secretary Ray LaHood said, “We enlisted the best and brightest engineers to study Toyota’s electronics systems, and the verdict is in. There is no electronic-based cause for unintended high-speed acceleration in Toyotas.”

Even though no electrical cause was found, as a result of the findings the NHTSA will consider the following improvements:

-Initiate break override systems and event data recorders to be installed in all vehicles.

-By the end of 2011, the operation of keyless ignition systems should be standardized in all passenger vehicles.

-Initiate research on the dependability and safety of electronic control systems.

-Examine whether location and design of brake and accelerator pedals can be improved to reduce pedal malfunctions or confusion.

“While today marks the end of our study with NASA, our work to protect millions of American drivers continues,” said NHTSA Administrator David Strickland. “The record number of voluntary recalls initiated by automakers last year is also very good news, and shows that we can work cooperatively with industry to protect consumers.”

Faulty accelerator pedals should be a concern that the government continues to research. Motor vehicle crashes due to an accelerator malfunction can be fatal. As a consumer, its best to check recalls for your vehicle model periodically in order to avoid risk of serious injury.
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Our Palm Beach personal injury lawyers know that being involved in a South Florida car accident can be a frightening, painful experience. That every encounter can be a stressor, from dealing with insurance companies to repair shops to addressing medical issues and treatment options.

Talking with your boss about lost work time, or doctor-ordered restricted duties – especially in this job market – can seem like a nightmare.

Whether you were involved in a parking lot fender-bender or a fatal South Florida crash, getting back to normal takes time, costs money and comes with plenty of stress. So our Fort Luaderdale car accident attorneys were disturbed to read in the Palm Beach Post recently that Florida currently leads the nation for staged car accidents. To boot, both Miami and West Palm Beach are among the nation’s top five cities for such fraud.

While the article reads like the punch-line for a bad joke, we know that living (and driving) in communities tagged as hotbeds for questionable crash-related insurance claim filings only hurts legitimately injured victims. Victims, who at the time they need support the most, instead face scrutiny.

According to the Palm Beach Post, just in Palm Beach County, the number of suspected staged car accidents nearly doubled from 50 in 2008 to 96 in 2009. Miami led the state in 2008 with 232 cases and fell to second in 2009 with 258. Tampa saw the biggest increase, reporting 125 cases in 2008 and a whopping 487 in 2009.

Across the state, cases climbed 77 percent in 2010.

Law Enforcement officials say it’s an easy crime to commit and Florida is an attractive state to do it thanks to generous “no-fault” personal injury protection laws. Florida is one of just 12 states with a no-fault PIP. Meaning: if you are involved in a Florida car accident, up to $10,000 in medical claims related to the accident are covered regardless of who is at fault in the crash.

So pervasive is the scam that auto insurance companies are now passing along a “fraud tax” to Florida drivers. One estimate suggests Florida drivers will pay close to an additional $950 million to insurance companies in 2011 alone.

It also means consulting an experienced injury attorney can be all the more critical to protecting your rights in the wake of a serious or fatal crash.
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To red light camera, or to not red light camera: in South Florida, that is the question.

TIME Magazine reports that a recent study by the Insurance Institute for Highway Safety found that use of red light cameras in 14 large U.S. cities reduced the rate of fatal car accidents by roughly 25 percent based on crash data analyzed between 1996 and 2004.

And that’s not all. The report further revealed a drop in ALL fatal intersection-linked car accidents at sites where red light cameras were installed, not just among those tied to drivers running a red light. Overall the IIHS report estimates that 815 lives could have been saved if all large U.S. cities (those with populations of 200,000 or more) had the devices installed at their most densely-trafficked intersections.

Our Fort Lauderdale car accident attorneys know that red light running is a problem all Florida drivers face. According to the Florida Highway Safety and Motor Vehicles, in 2009 there were 56 fatal South Florida car accidents and 5,190 injury accidents caused by drivers who ran a traffic signal.

Another 22 fatal car accidents and more than 2,200 injury accidents were linked to drivers who disregarded a stop sign.

Florida is one of 22 states to have enacted some legislation permitting use of red light cameras. With that in mind, the IIHS report notes that use of said cameras is hotly debated and regularly challenged legally by a vocal minority who characterize such traffic enforcement tactics as an invasion of privacy. Because of this, a number of states have prohibited use of red light cameras.

The Sun Sentinel reports that a local review of traffic crash data collected from six Ft. Lauderdale intersections show there were 11 fewer fatal Fort Lauderdale car accidents in the four months after the devices were installed.

A set of dueling opinions published in the Palm Beach Post reveals both sides of this debate. Palm Beach Post editorial page editor Randy Shultz spotlights perceived “inherent flaws” in the red-light camera system, from administrative issues to legal challenges to lack of public support.

To this argument, the CEO of American Traffic Solutions James Tuton responded, pointing to the IIHS report and trumpeting the public safety angle. In his response Tuton notes that fines paid by red-light runners topped $4 million in funds channeled into the state’s trauma centers and Brain and Spinal Cord Injury trust. Since former Gov. Charlie Crist signed the Mark Wandall Traffic Safety Act into law in May, 2010, close to 40 Intersection Safety Camera Programs have gone online.
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