Articles Posted in Car Accident

In support of Older Driver Safety Awareness Week, West Palm Beach car accident attorneys want to take time to remind you to be patient to other vehicles on the roadways, especially if they are occupied by elderly drivers.

Florida has mandatory laws for elderly drivers. Caring.com points out that once you turn 80 you must start getting a vision test every year in order to maintain a driver’s license. It’s standard for all drivers to renew their license every 4-6 years in which a vision, written, or road test may be required if they show signs of mental or physical anguish.

According to the National Highway Traffic Safety Administration, in 2008 elderly drivers made up for 15% of traffic fatalities, and 18% of pedestrian fatalities. Elderly is classified as people who are 65 and over which made up 13% of the total population in 2008. Florida reported 474 (or 11.2%) fatal crashes in 2008 involving drivers age 65 and over which was the most in any state.

The report showed that older drivers are less likely to drive intoxicated, or not wear their seat belts than younger drivers, or the fatality rate would likely be much higher.

The National Safety Council is promoting this week as Older Driver Safety Awareness Week. In an effort to promote safety they give the following tips when it comes to assessing an elderly driver:

-Check the vehicle they drive for dents and scratches to see if you find any indications of an accident or bumping into other obstacles likes trees or garage doors.

-Suggest going for a drive with them and see if they hesitate to get in the car and drive.

-Create several opportunities to ride with them so you can observe their reaction time and awareness to things around them.

-Don’t be afraid to ask other friends or family members if they have noticed erratic or dangerous driving behaviors when riding with the elderly person.

-Talk to the elderly driver about how they feel when they are driving in the car – stressed, impatient, hesitant, angry, etc.
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Given the nature of our work, the West Palm Beach car accident attorneys at Freeman & Mallard frequently post reports about motor vehicle and highway safety tips and trends on our Fort Lauderdale Car Accident Attorney blog. With this in mind, we share changes to the National Transportation Safety Board’s “most wanted” list of vehicle and driver safety improvements. Our goal is to educate and empower drivers wanting to avoid a South Florida car accident.

Concerns addressed on the NTSB’s “most wanted” list range from motorcycle safety (improved namely through universal, mandatory, helmet laws) to improved child occupant protection. The NTSB would also like to see more drivers and passengers buckling-up before hitting the road and younger drivers more actively participating in graduated licensing programs. While driver distractions – such as using a cell phone, eating, applying makeup, or disciplining the unrestrained family pet – are behaviors all drivers should avoid, younger drivers are much more likely to pay with their lives than older, more experienced, motorists.

With that said, Florida is one of just 19 states that has imposed no restrictions on cell phone use for drivers, young or mature, and is one of only three states without a booster seat law. Both issues – driver distraction and seat belt use – are considered significant factors in serious and fatal South Florida car accidents.

According to the NTSB, on average more than 330 children aged 4 to 8 are killed each year in car accidents nationwide. Of those, about 45 percent were unrestrained. Of those who were buckled-up, most were injured or killed because they were using a lap belt or shoulder harness meant for an adult passenger.

In 2009, the Florida Highway Safety and Motor Vehicles reported that 50 percent of children aged 17 younger killed in a fatal Florida car accident were not wearing a safety belt or using a car or booster seat. Tangentially, there were 4 fatalities and 1,532 injuries linked to driver distraction.
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The National Highway Traffic Safety Administration reports that tougher seat belt laws and higher fines could reduce the risk associated with serious and fatal accidents nationwide.

Our Port St. Lucie car accidents lawyers have reported on the challenges facing Florida lawmakers. Little has been done in Tallahassee to address distracted driving, drunk driving and seat-belt safety for passengers and small children. As a result, the Sunshine State finds itself falling further and further behind and motorists are at increased risk of serious or fatal injury from car accidents in Fort Lauderdale, West Palm Beach and elsewhere in South Florida.

“We want everyone to have a safe and happy holiday travel season,” said U.S. Transportation Secretary Ray LaHood. “For the sake of your loved ones and everyone else on the road, please remember to buckle up and put away your cell phone every time you get behind the wheel.”

Florida is one of a dwindling number of states that has passed no laws regulating text messaging by drivers — even for teenagers. The National Transportation Safety Board reports it is one of just three states that does not require booster seats for young passengers ages 4 to 8.

Nor is Florida among the 17 states that has passed primary seat-belt enforcement for back-seat passengers. It has no restriction on the number of passengers a teen driver is permitted to have in the vehicle; lacks elements of tougher drunk driving laws and is among about half the nation’s state that need to improve motorcycle safety.

The federal government reports upgrading from secondary to primary seat belt enforcement — in which an officer can stop a vehicle for occupants not wearing seat belts rather than only enforcing the law during traffic stops for other driving infractions — increases seat belt use by 12 percent. Increasing fines form $25 to $60 increases use by 4 percent, while increasing fines to $100 results in a 7 percent increase in seat belt use.

“Seat belts are the single most protective safety device ever invented for use in vehicles, saving thousands of lives each year. Now our research proves that when states step up sanctions, they’re rewarded with huge improvements in belt use,” said NHTSA Administrator David Strickland.
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The Fort Lauderdale injury attorneys and staff at the Law Offices of Freeman & Mallard wish each of you a Merry Christmas, a happy holidays and a safe and enjoyable New Year.

It’s this time of year that Florida becomes alive with the spirit of Christmas — whether holiday travel, boat parades, or time around the backyard pool with friends and family. We spend almost every weekend enjoying all South Florida has to offer.

In fact, Fort Lauderdale plays host to one of the largest one day event extravaganza’s in the country with Winterfest Boat Parade each year. The event draws thousands to the city, even if it’s for one day, and our Fort Lauderdale accident attorneys know such large gatherings usually pose a risk of accidents for those who participate or attend.

Holiday boat parades are popular all over the state of Florida during the holiday season so safety is a concern whether you are on the boat or just a spectator driving or walking to the event. Due to the growing popularity from recent years there can be up to a million people who attend these events to take in the lights, music, decorations, and entertainment which often extend over a 14 mile stretch.

According to the Fatality Analysis Reporting System used but the National Highway Traffic Safety Administration, December is one of the worst calendar months for traffic fatalities over the last few years in Florida. In fact, last year March was the only other month that accounted for more traffic fatalities than the 548 recorded in December. There may be no direct correlation to holiday parties and parades in December but the number of people attending them certainly enhances the risk of serious injury or fatality to occur.

If you find yourself headed out to attend a holiday parade or gathering this year, the following safety tips could be helpful as a spectator or participant:

-Enjoy the fantastic views but don’t overindulge with too much drinking as driving a vehicle or boat is never safe after alcohol consumption.

-If you step on a parade boat as a spectator or participant you should always make sure you wear a certified life jacket.

-Allow extra time for travel on the highly populated roadways. It’s better to be late than sorry.

-Be courteous to the spectators or participants around you who are enjoying the same décor, no one likes a holiday scrooge.
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The Florida Department of Highway Safety and Motor Vehicles is announcing a statewide enforcement effort aimed at drunk and drugged drivers through the New Year.

Our St. Lucie car accident lawyers frequently report on the dangers drunk drivers pose to motorists on the road. Last year, more than 1,000 people were killed in accidents involving alcohol, accounting for more than 40 percent of the traffic deaths in Florida.

Car accidents in West Palm Beach, Fort Lauderdale and Miami account for more serious and fatal traffic accidents than anywhere else in Florida.

The Christmas and New Year’s holiday bring an increased threat of impaired driving crashes. Accordingly, the state has proclaimed December as “National Drunk and Drugged Driving Prevention Month.”

“The holiday season is a time to celebrate, and no one should have to suffer the loss of a loved one at the hands of a drunk or drugged driver,” said Lieutenant Governor Jeff Kottkamp. “I am pleased to see our law enforcement agencies and safety advocates taking proactive measures to make the roadways safer for residents and for those visiting the Sunshine State during the holidays.”

For those for whom being involved in a serious or fatal accident is too abstract a concept — or, worse yet, that it won’t happen to them — the state has a pragmatic reminder that the cost of a DUI conviction frequently exceeds $10,000, including the cost of fines, court fees, attorney fees, increased insurance premiums and time spent in jail or on probation.

Authorities are also warning motorists about the consequences of driving while under the influence of drugs, whether illegal narcotics or prescribed medication.

“As traffic crashes and fatalities steadily drop each year, it is disconcerting to see drug-related injuries and crashes rise, which is exactly what happened between 2008 and 2009,” said Florida Highway Patrol Director, Colonel John Czernis. “The Florida Highway Patrol will participate in the nationwide, Drunk Driving. Over the Limit. Under Arrest. national crackdown this month to enforce Florida’s tough DUI law. In addition, the Department will propose legislative changes this Spring that further strengthen the law as it pertains to drugged driving.”

The Patrol offers the following safe driving tips to prevent drunk or drugged driving in Florida:

-Plan ahead and designate a sober driver.

-Don’t let friends drive drunk.

-Be a responsible host.

-Beware of medications and their impact on driving ability.

-Dial *FHP (*347) to report impaired drivers.
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In a glimpse of what motorists can expect for Christmas and New Year’s traffic enforcement, the Florida Highway Patrol announced it assisted nearly 4,000 motorists and issued almost 13,000 citations during the Thanksgiving holiday weekend.

As our Fort Lauderdale personal injury lawyers have reported, the holidays bring an increased risk of car accidents in Fort Lauderdale, Margate, West Palm Beach and the surrounding area.

Authorities will be paying particular attention to drunk driving, speeding, aggressive driving and drivers who are not wearing seat belts or who are disobeying other safety laws. Preliminary results for the Thanksgiving holiday are encouraging: Fatal accidents declined 36 percent to 23 deaths, compared to the 36 motorists who died on Florida roads last year.

“We can attribute part of the significant reduction in fatalities to our efforts to educate the public about Florida traffic laws and to enforce those laws,” said Patrol Col. John Czernis. “The Florida Highway Patrol works hard to ensure residents and visitors make it safely to their destinations. We are very proud of the dedicated service and commitment to highway safety exhibited by our troopers.”

FHP Enforcement Results:

-Motorist Assists: 3,990

-DUI Arrests: 121

-Speeding: 4,921

-Safety Belt Citations: 1,407

-Total Citations: 12,770
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Drowsy driving may be responsible for the death of a 30-year-old music teacher in a Davie car accident, the Sun-Sentinel reported.

Our Fort Lauderdale Accident attorneys recently wrote about the dangers of driver fatigue and South Florida car accidents. Authorities continue to urge motorists to stop driving as soon as they feel tired. A tired driver can easily fall asleep at the wheel. Safety advocates believe more than 5,500 fatal accidents a year are caused by sleep drivers and that the true number may be much higher.

Christopher O’Farrill had been playing the trumpet since he was 5 and was a career middle school and high school music teacher. He died when his car left the road and crashed into a tree near his home on Southwest 148th Avenue north of Sheridan Street.

Since 2003, he has worked at Everglades Highs School.

As we head into the holiday season, it is important to remember that many of us are more tired, or more stressed, than at any other time of the year. Practicing safe driving habits, which includes avoiding tired or aggressive driving, can help ensure that a serious or fatal car accident does not mar your holiday season.

Tired driving Facts and Statistics for South Florida Drivers:

-Men are more likely than women to be in accidents caused by tired driving.

-Young drivers are at highest risk.

-More than half of such accidents involve a vehicle that leaves the road.

-Daytime driving offers no protection — one-fourth of such accidents occur in the afternoon.
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The West Palm Beach car accident attorneys and staff at Freeman & Mallard would like to wish everyone a safe and happy Thanksgiving holiday. With that said, we would also like to remind Florida travelers that while Thanksgiving weekend is expected to be another stunning sunny holiday in paradise, a significant increase in air and road traffic is also anticipated.

And with more people on the roads comes an increase in the risk of South Florida car accidents.

For the 12th year in a row, the AAA Auto Club South and Budweiser are hoping to help curb the incidence of drunk driving on Florida roadways over the holiday by providing a free and confidential ride home through their “Tow and Go” program.

And, TCPalm reports that Road Rangers, another free service program – this one provided by the Florida Department of Transportation and supported by a state gas tax – will be out on patrol to assist distressed or disabled motorists stuck along Florida roadways.

Along the Florida Turnpike, roadway administrators are again offering free coffee safety breaks for travelers on the road between 11 p.m. and 6 a.m. on Nov. 24-25 and Nov. 28-29. Motorists can make a quick stop at any Turnpike service plaza for their free pick-me-up cup o’joe.

To help keep your travel plans as safe and enjoyable as your holiday, the Examiner offers a handful of tips for motorists:

~ Focus on the road and traffic conditions. Let passengers man the cell phone, discipline the kids, read the map, and change stations on the radio.

~ Make sure your cell phone and your car battery are well charged. Fill the tank. Check the oil and tire pressure. Make sure you have a travel plan and an emergency kit in the car that includes a change of clothes, blankets, water and non-perishable food items (like granola bars).

~ If you are traveling with children, assign age-appropriate tasks for down time or during pit stops. Have a host of games and entertainment materials available to keep them occupied while you are on the road.
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Our West Palm Beach car accident lawyers know that Florida teenagers (ages 15 to 19) have the highest rate of car crashes than any other age group. Of teen drivers, 17-olds are most likely to be involved in fatal South Florida car accident, and 18-year-olds are most likely to be involved in a car accident, the Florida Highway Safety and Motor Vehicles reports.

In fact, of 235,778 Florida car accidents reported in 2009, 153 teenage passengers and drivers were killed and 19,292 teenagers were injured. The Miami Herald recently reported that October was a particularly deadly month for teenage drivers with five teens dying from fatal South Florida car accidents. So far in 2010, 116 teenagers have died in Florida car accidents.

According to the FLHSMV, teen drivers make up just six percent of the driving population in Florida, but are involved in 14 percent of all fatal car accidents. To address what many consider an “epidemic” of teen deaths due to car accidents, each year the Florida Sheriffs Association in partnership with State Farm Insurance and the National Highway Traffic Safety Administration join forces to promote and observe National Teen Driver Safety Week. This annual initiative involves a host of press conferences held at area high schools during late October that aimed to educate teen drivers and their families on how to stay safe on the road. Those efforts will continue through the holidays.

The NHTSA promotes many strategies to help teens make better – potentially life-saving – decisions while behind the wheel, and offer a handful of simple talking points for families:

~ Push a no drinking-and-driving message. Nearly 25 percent of drivers aged 15 to 20 killed in fatal car accidents had a BAC level of .08 or higher.

~ BUCKLE-UP, period. Of 4,842 teenage vehicle occupants aged 16 to 20 who were killed in fatal car accidents in 2006, nearly 60 percent – or 2,813 – were not wearing a seat belt at the time of impact.

~ Encourage younger and inexperienced drivers to participate in the Graduated Driver Licensing program. Following the GDL guidelines that gradually relax restrictions for younger drivers as they garner more and more diverse experience behind the wheel comes with a 20 to 50 percent drop in the likelihood that a teen driver will be involved in a serious car accident.
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The National Highway Traffic Safety Administration reports that speeding plays a role in about one-third of all fatal car accidents, and that speed-related car accidents cost taxpayers more than $23 billion annually, or about $44,190 per minute.

It is estimated that on average, speed-related crash claim the lives of 1,000 American each month. Almost one-third of drivers involved in speed-related fatal car accidents are between the ages of 15 and 24. Not surprisingly, drivers who speed are more likely to have a history of other traffic violations.

In 2009, there were 1,964 fatalities associated with Florida car accidents. Of those, 232 deaths – or just shy of 12 percent – were linked to drivers exceeding safe or stated speed limits. Authorities say the number is much higher, the difference is explained by reporting issues, including accidents caused by multiple factors. Also in 2009, more than 126,000 serious speeding-related Florida car accidents were reported, causing 3,651 injuries, the Florida Highway Safety and Motor Vehicles reports.

Our Port St. Lucie car accident lawyers and Fort Pierce injury attorneys frequently report that the stretch of coast between St. Lucie and Miami is the most dangerous area in the state for serious and fatal car accidents.

While some motorists would debate the risk associated with speeding, most researchers would not. A recent study conducted by the University of Illinois has identified a nationwide increase in the number of fatal car accidents linked to speeding since the U.S. dropped its 55 m.p.h. national speed limit in 1995, the Auto Insurance reports. Florida is the number one state in the nation where drivers are most likely to be ticketed for speeding.

To determine whether you are an aggressive driver, the NHTSA has compiled a few traits common to most speeders and offers a list of tips to help drivers avoid driving with a lead-foot.

~ Signs of aggressive driving include: tailgating, expressing frustration with fellow drivers, driving while distracted, darting in-and-out of traffic, blazing through yellow lights or frequently running red lights, or, of course, speeding.

~ To avoid aggressive driving behaviors: focus on driving – put the cell phone away, don’t eat, groom, read or fiddle with the radio save tuning in to a station that plays tunes that help you relax. Obey the speed limit. If you are worried about being on time – leave early and map out an alternative route that gives you choices for reaching your destination.
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