Articles Posted in Car Accident

New technology, the Driver Alcohol Detection System for Safety (DADSS), is in the development stage at a Massachusetts lab, which could prevent drivers that are impaired by alcohol from ever operating a vehicle.

Our Fort Lauderdale car accident attorneys find this news encouraging as states continue to fight the carnage caused by drunk drivers on our roads.

On hand at QinetiQ lab for the product demonstration were U.S. Transportation Secretary Ray LaHood, National Highway Traffic Safety Administrator (NHTSA) David Strickland, Shane Karr vice president for Federal Government Affairs at the Alliance of Automobile Manufacturers, and Laura Dean Mooney, national president of Mothers Against Drunk Driving (MADD).

Two systems of DADSS are currently being tested. One which determines a driver’s blood alcohol concentration by their breath and the other by a touch based approach. Both systems would prevent the driver from operating their vehicle if the BAC measured is .08 or higher.

The NHTSA reported in 2009 there were 10,839 fatalities nationally due to drivers with a BAC of .08 or more. In Florida there were 770 people killed from intoxicated drivers who had a BAC .08 or greater. A total of 527 deaths were from drivers with a BAC of .15 or more.

“Drunk driving continues to be a national tragedy that needlessly claims the lives of thousands of people on our highways each year,” said Secretary LaHood. “We need to put an end to it.”

MADD President Laura Dean-Mooney, widowed when her husband was killed by a drunk driver said, “Auto makers have stepped up to help turn cars into the cure. This project has made substantial progress and this technology could one day be an important step in our efforts to eliminate drunk driving.”

The 5-year, $10 million plan is a joint effort between the NHTSA and the Automotive Coalition for Traffic Safety (ACTS), which is an industry group on behalf of the world’s auto makers.

“What we’re doing is developing technology that won’t interfere with sober drivers, will require virtually no maintenance or upkeep and will have such precision that it only stops a driver when their blood alcohol content is .08 BAC or higher, which is the illegal limit for drunk driving in every state,” said Shane Karr. “Now that we have actual prototypes, a tremendous feat in of itself, we’ll be working to identify the gaps in performance between these prototypes and the precise standards we’ve identified as true technology requirements. This will point the way forward for the next phase of research.”

Strickland called the technology the “new frontier” but said it should not replace the common sense of a driver who decides not to get behind the wheel after having too much to drink.
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Florida remains one of the few states that has not banned cell phone use or text messaging while driving, even though distracted driving is responsible for a growing number of car accidents in Fort Lauderdale and surrounding areas.

The National Organizations for Youth Safety (NOYS) has grown to almost 40 national youth and youth-serving organizations since its initial meeting in 1994. Their members meet several times a year to discuss current programs and projects promoting youth safety, specifically highway traffic safety. They also collaborate with other groups to develop new programs.

Last month the Teen Distracted Driving Prevention Leadership Team headed to Washington to shadow traffic safety specialists. They attended U.S. Department of Transportation meetings with Ray LaHood to learn the best method to reach as many youths as possible about the dangers of cell phone use while driving.

The team consisted of members from 17 states. Members met with their Representatives and Senators to urge them to support traffic safety laws that would help to decrease teen driving crashes.

NOYS developed a toolkit to support AT&T’s documentary “The Last Text”. This documentary is part of AT&T’s “It Can Wait” campaign, urging consumers to use their products in a safe manner.

Not even a week ago the Crestview News Bulletin reported another tragic case of texting while driving. A promising Crestview High School student remains in critical condition with massive head injuries following a car crash. It appears the student was distracted, ran off the road, than over-compensated which caused her vehicle to flip several times.

Approximately 1.6 million car crashes were due to cell phone use in 2008 according to the National Safety Council. The likelihood of crashing is four times greater if you are using a cell phone while driving.

Talking or texting on a cell phone is not the only distracting activity that goes on behind the wheel. Smoking, grooming, having pets on your lap, eating & drinking and changing the radio station are all distractions that should be avoided while driving.

Even though Florida allows cell phone use by its motorist, late last year, the Florida Highway Patrol put their own policy in place banning hand held cell phone use by its troopers while on duty. Other Florida agencies are considering doing the same.
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Motorcycle enthusiasts love Florida’s weather and scenic highways but motorists need to be observant when sharing the road to prevent a Palm Beach motorcycle accident.

Until the economic downturn, the number of motorcycle accidents nationwide had increased each year for more than a decade. Florida, Texas, and California lead the nation in fatal crashes involving motorcycles.

News Channel 5 reported on the death of another rider just last week. A crash at the intersection of Military Trail and Orlando Avenue between a Lexus and Harley Davidson left the rider critically injured. It was unclear who was at fault. Sadly, the rider died after arriving at the hospital.

According to the National Highway Traffic Safety Administration Fatality Analysis Reporting System (FARS) in 2009, Florida ranked second in fatal motorcycle crashes with 380, second only to Texas, which had 408. Third was California with 376. The total number of persons killed in those 380 crashes was 454.

The safest day to ride was Monday, which 37 fatal crashes. Saturdays and Sundays are the most dangerous riding days, recording over 75 fatal crashes each day. Motorcyclists are twice as likely to crash in April than in June. Most of the fatalities occurred between the hours of 6 p.m. and 1 a.m.

If you are over the age of 21 Florida does not require riders to wear a helmet. However, motorcyclists not wearing a helmet then must carry $10,000 of medical payment insurance.

NHTSA’s statistics on helmet use in 2010 showed that DOT approved helmet use was down 13% from 2009. Helmets are 41% effective in preventing fatal injuries to motorcycle passengers and 37% effective for motorcycle riders. In 2009, the NHTSA estimated that 1,483 motorcyclist lives were saved because they were wearing a helmet.

The Governors Highway Safety Association offer these tips for sharing the road with motorcycles:

-Do not share the lane with a motorcycle; give the motorcycle the entire lane.

-Always signal when merging into traffic or changing lanes.

-Motorcycles are small and fit into your blind spots. Turn your head and look all around at intersections and when changing lanes.

-Don’t trust a turn signal on a motorcycle (they aren’t self canceling). Make sure the motorcycle is turning before you go.

-Give motorcycles plenty of room in order to maneuver around road hazards like uneven pavement, gravel or potholes.

-Never tailgate a motorcycle; they can stop a lot faster than a passenger vehicle.
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Due to the economic downturn there was a two year drop in overall traffic congestion. It is thought as the economy rebounds so will our traffic problems. As traffic congestion grows so does the chance of being involved in a Fort Lauderdale car accident .

A published report from the Texas Transportation Institute at Texas A&M University illustrates the changing congestion picture. Congestion contributes to a significant number of accident cases handled by personal injury lawyers in Fort Lauderdale and West Palm Beach.

“This Urban Mobility Report begins an exciting new era for comprehensive national congestion measurement,” noted researcher Tim Lomax. “By combining the traffic speed data from INRIX with the traffic volume data from the states, we are now able to provide a much better and more detailed picture of the problems facing urban travelers.”

Highlights of the report include:

-Congestion costs continue to increase, from $24 billion in 1982 to $115 billion in 2009 as measured in 2009 dollars.

-Fuel wasted in 2009 was over 3.9 billion gallons. This amount equates to as much as the flow of Alaska Pipeline in 130 days.

-Commuter costs continue to rise from $351 wasted dollars per motorist in 1982 to $808 in 2009.

-The yearly traffic delay in 1982 was 14 hours; in 2009 it was 34 hours.

The study showed that for 2009 the congestion toll for Miami motorist was 31 extra gallons of fuel used and 39 hours of traffic delays. Compare these figures to when the study first came out in 1982; 7 extra gallons of fuel used and 10 hours of traffic delays.

“We have a great deal more confidence in the numbers we now have for the chaotic years of 2007, 2008 & 2009,” researcher Shawn Turner said. “Thanks to technology, we are using data that simply could not have been gathered a few years ago.”

Data gathering techniques have improved dramatically since the first published report in 1984. Access to hour by hour speed data has been the most important improvement to date.

“This year’s report is a remarkable game changer,” researcher David Schrank explained. “The new data address the biggest shortcoming of previous reports. The data show conditions for every day of the year and include the effect of weather problems, traffic crashes, special events, holidays, work zones and other factors directly impacting traffic flow.”

The 2010 report saw 11 new urban regions added and 3 new measures of congestion which include: Commute Stress Index (CSI), delays per commuter and delays per non peak motorist.

It also discussed how roadway operations and public transportation helped lessen the congestion problem. Both public transportation and roadway operations contributed to a $27 billion congestion cost savings.

“There is no rigid prescription – no ‘best way’ – to address congestion problems,” Lomax noted. “The most effective strategy is one where agency actions are complemented by efforts of businesses, manufacturers, commuters and travelers. Each region must identify the projects, programs and policies that achieve goals, solve problems and capitalize on opportunities.”
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In a recent South Florida Injury Lawyer Blog about distracted driving, we reported on the government’s request that automakers get involved in the fight against cell phone use and texting while driving.

Florida is one of a few states that do not currently have any law in place about distracted driving. Our Fort Lauderdale car accident attorneys frequently report on the risks associated with driving distracted. Whether cell-phone use, text messaging or talking to a passenger, distracted driving is one of the leading causes of car accidents from Fort Pierce to Fort Lauderdale.

For many states, texting is illegal and considered a primary offense according to Governors Highway Safety Association. Florida does not forbid texting or the use of hand-held devices by talking on a cell phone while driving for any drivers.

There is an increasing debate about whether the government should put so much emphasis into a campaign designed to encourage drivers not to drive distracted. According to a recent article in USA Today, distracted driving has always been a problem. Perhaps cell phones have exacerbated the problem, however many other driving safety issues could benefit from one-tenth the attention the government has given to distracted driving.

Distraction.gov refers to distractions as visual, cognitive, and manual. Some examples of visual distractions are reading a map, fixing your make-up, or watching a video. These distractions require that you take your eyes of the road to focus on another object. Cognitive distraction is when your mind is taken away from driving and wanders to something else. Talking on the cell phone or to another passenger in the vehicle can be considered cognitive distractions. Changing the radio station, eating, and drinking are examples of manual distractions that require you to take one or both hands off the wheel.

Florida Highway Patrol will not pull you over if you are using a cell phone so they offer the following safety tips instead:

– Don’t use your cell phone if road conditions are not safe or you are facing severe weather.

-Your first priority when you are behind the wheel should be to be a safe driver. If your cell phone distracts you then don’t answer it or talk while you are driving.

-If you feel you need to multi-task while you are driving, be prepared. Don’t jot down notes or look up a number while you are driving. It is important that your eyes stay on the road.

-Refrain from using your cell phone unless it’s a case of an emergency. Keep conversations short and if you feel like you are becoming distracted by your conversation, pull over into a safe spot until you finish the call.

-Never engage in stressful or emotional conversations while you are driving.
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Our Fort Lauderdale car accident attorneys know that public awareness regarding the depth and scope of traumatic brain injury in the U.S. has spiked due to studies linking TBI to athletics, injured Iraq War veterans, and most recently, the point-blank shooting of Congresswoman Gabby Giffords in a Tucson grocery parking lot on Jan. 8.

What we have learned, the Palm Beach Post reports, is that recovery from a TBI is as unique as the person suffering the injury. And, that if the injured person receives immediate basic care (airway unobstructed, blood pressure stabilized) they are much more likely to survive a head-trauma accident.

Nearly 2 million people sustain a brain injury in the U.S. each year, the Centers for Disease Control reports. Of them, 275,000 require hospitalization. Another 52,000 die from a wound most commonly caused by either a fall (35.2 percent) or a motor-vehicle accident (17.3 percent).

Falling is responsible for more than 60 percent of all TBI involving victims aged 65 and older. And among children 14 and younger, falls are responsible for half of traumatic brain injury accidents. The CDC reports that while car accidents are linked to less than 20 percent of all reported TBI, nearly 32 percent of all TBI-related deaths are linked to car accident injuries.

According to the National Institute of Neurological Disorders and Strokes, a TBI can be a “closed head injury” caused by blunt-force trauma or a “penetrating head injury” caused by a cranial puncture and contact with brain tissue. In either case, damage is a two-stage process. The first stage is the accident or incident of head trauma itself. The second stage addresses the effects – or “shock waves” – caused by the trauma. To diminish the impact of those injuries doctors may elect to remove blot clots and damaged brain tissue, or even part of the cranial bone itself if swelling becomes an issue.

Symptoms of a TBI can be difficult to detect or overt, depending on the damage. They can appear immediately or may take weeks to manifest. The injured party may or may not lose consciousness at the time of the accident.

In milder cases, TBI victims may complain of:
~ Persistent headache that gets worse
~ Ringing in the ears
~ Dizziness, lightheadedness, confusion
~ Blurred vision
~ Memory loss
~ Fatigue

In more moderate to severe cases of TBI, victims will demonstrate:
~ Vomiting/nausea
~ Persistent headache that gets worse
~ Slurred speech
~ Dilation in one or both pupils
~ Numbness in the extremities
~ Loss of coordination
~ Confusion

Of course any time you or a loved one suffers a blow to the head it is important to seek immediate medical attention to determine if there is an injury and what course of treatment will best offset the effects.
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The female driver of a black Thunderbird narrowly escaped serious injury or death when a large Ficus tree crashed down on her car as she was driving midday along East Camino Real, the Palm Beach Post reports.

A Fire Rescue spokesperson told the paper that the driver was “almost encased in a bubble” of tree limbs that shattered her windshield and crushed her car. It took chainsaws to free the driver, who stepped free of the vehicle after branches were cleared. She was in stable condition when transported to a local hospital for further evaluation.

Our West Palm Beach accident attorneys know that whether private or public, proper tree maintenance and pruning is a shared responsibility that includes property owners and local government, particularly when the tree in question spans both private and public land.

Aside from a state law (Florida Statute 163.3209) that establishes tree care right-of-way guidelines between land owners and electric or other distribution pathways, local ordinances in both Broward County and Palm Beach County address, among other things, historic tree and canopied street care. Palm Beach County requires either a replacement and removal permit; Broward County directed that all tree trimmers must be licensed.

Most Florida Ficus trees are of the variety more colloquially known as the Banyan tree. The first Banyan tree planted in the U.S., according to Wikipedia, was planted by Thomas Edison in Fort Myers. Originally 4-ft. tall, it has grown to 400-feet. Perhaps the most distinguishing feature of the Florida Ficus (aside from their potential girth, height and span) is their dreadlock-like, above-ground, exposed rooting system.

According to the University of Florida, improper landscaping design and plant selection have increased the need for more aggressive maintenance and pruning schedules for plant viability and the safety of those who live around them. The college recommends that pruning “should be a routine part of home-ground maintenance and not delayed until the landscape is overgrown.”

Pruning, in short, protects plants, the public and property owners.
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Residents of a Sebring mobile home park are turning to the media to address what they see as a traffic safety issue going overlooked in their community by county officials and local law enforcement, Tampa Bay Online reports.

During the last six years, residents say, four Florida drivers have crashed their cars into one of the mobile homes along Whisper Lake Blvd.; destroying property, killing pets and terrifying residents. Many park residents believe that at 45 m.p.h. the speed limit is too high to be safe along the curvy residential road. Others say inadequate enforcement of the speed limit is the problem.

Whatever the case, both excessive speed and poor road design have been linked to each prior Florida car accident.

Our Fort Lauderdale car accident attorneys know there are many causes of serious and fatal car accidents. Defective roads can be one of them. Missing street signs, inoperative signals, overgrown vegetation, missing or defective guardrails and inappropriate speed limits may also contribute to an accident. In such cases, a local government or Home Owners Association my be partially liable.

The latest incident of car-meets-house happened in the early morning hours of Jan. 17 when the couple living at 1100 Whisper Lake Blvd. awoke to find a dark blue Acura on its side in their Florida room. The driver was gone.

The park manager told Tampa Bay Online that after the last car accident the attorney for a group of residents contacted the county asking that guardrails be installed along the road. Commissioners declined the request. Not enough occurrences, the park manager said.

During that crash – in March 2010 – the struck mobile home erupted in flames. When the homeowner tried to put the fire out, he realized the crash had taken out his water hook-up. He said that the driver’s auto insurance paid some, but not enough to restore the home.

And about that. There is a significant difference between a car striking a brick-and-mortar home and a mobile home, like those at the park. A car plowing through a mobile home will do a lot more structural damage and damage to water and electric hook-ups. And mobile home occupants are far more vulnerable to injury or death in the event a car does come barreling off the roadway and into their living room.

County officials say its frequency not number of accidents that determines whether or not the County will put up guardrails. As for speeding, that’s a law enforcement issue. Cops say that with current budget cuts, the Florida Highway Patrol no longer has a traffic enforcement unit. But, they will ramp up patrols if residents call and request the service.

We are betting if cars kept driving off the road into a golf course community, commissioners may have been more prone to taking action. An experienced accident lawyer should be called to collect damages. Next commissioners will no doubt be hollering about the high cost of personal injury and wrongful death lawsuits.

One online commenter to the TBO article suggested that if the county doesn’t want to spend the money on guardrails, well placed rumble strips would probably do the trick. “There is no doubt about it, highway design flaws cause deaths.”

According to the Florida Department of Highway Safety and Motor Vehicles, in 2009 careless driving contributed to 386 fatal Florida car accidents and 49,568 accidents involving injury. Florida drivers tagged for exceeding safe or stated speed limits were linked to another 232 fatal crashes and 3,651 injury accidents.
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Fifteen hundred fewer lives were lost on the nation’s roads during the first 11 months of last year, according to the National Safety Council.

As our Palm Beach personal injury lawyers recently reported on our Fort Lauderdale Car Accident Attorney Blog the 2,430 traffic fatalities recorded last year in Florida were the fewest reported since 1978.

Nationwide through November, there were 31,740 traffic fatalities, down four percent from the 33,180 reported during the first 11 months of 2009. That follows a 9 percent decrease over 2008 and a 10 percent decrease over 2007.

Still, more than 3.1 million motorists were seriously injured. Cost of accidents through November, including serious injury and death, was $216.5 billion. As a point of reference, ABC News is reporting concerns that the cost of treating cancer could soar to $158 billion a year by 2020.

While state after state has been quick to credit proactive law enforcement for the downturn in traffic fatalities, many experts point to the struggling economy as the primary factor. And, in fact, the NSC data shows traffic fatalities began increasing again last year in about a dozen states, mostly in the Midwest, as the country climbs out of the Great Recession.

The NSC reports that Florida had 2,128 traffic fatalities through the first 11 months of last year, a 10 percent reduction over the 2,363 recorded in 2009 and a 22 percent reduction over the 2,728 reported in 2008.

States with the highest two-year reduction included Louisiana (-30%), Mississippi (-23 %), Florida (-22%) and Oregon (-22%).

South Dakota (+17%) recorded the highest two-year gain.
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