Articles Posted in Car Accident

A 62-year-old former Delray Beach man was awarded $33.1 million late last week after a Broward County jury heard testimony about a 2008 New Year’s Eve Fort Lauderdale car accident that left him a quadriplegic and unable to care for himself, the Sun Sentinel reports.

He currently resides at the Florida Institute for Neurologic Rehabilitation in Wachula where he requires extensive lifetime care.

The rear-end collision occurred in the early morning hours on I-95 and the defendant paid a $145 fine for failing to exercise due care. The plaintiff was unrestrained at the time of the accident and the jury found him 5 percent at fault for his injuries. To adjust for this, the award will be reduced to $31.4 million. Whether – or how – the defendant, a Ponte Vedra Beach travel agent, will be able to pay the award, is yet to be determined.

According to the Paralysis Resource Center, 56.4 percent of people living with spinal cord injuries are considered quadriplegic, or, have lost movement and sensation in both arms and legs.

The first-year costs of treating high (C1-C4) or low (C5-C8) quadriplegia ranges from $500,000 to more than $775,500; and between $56,000 and $138,900 for each subsequent year of treatment and care. Depending on the type of injury, the time span from initial hospitalization to transition to lifetime care is about 50 days. Almost 9 out of 10 people discharged from hospitals with a spinal cord injury are then moved to a private home.

For a 50-year-old patient, the estimated lifetime costs of care ranges between $1.1 and $1.9 million per year. It is believed that one in 50 people – about six million – are living with paralysis. In about 25 percent of cases, the cause of the spinal cord injury is due to a car accident. Stroke is the most common cause of paralysis, followed by spinal cord injury and Multiple Sclerosis.
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It is probably a common assumption that car accidents occur most in urban areas as opposed to rural areas due to high traffic in large cities. But our Fort Lauderdale car accident attorneys have found that this isn’t a fair assumption at all.

The National Highway Traffic Safety Administration reported that in 2008 twenty three percent of the US population lives in rural areas but account for more than half of the traffic fatalities that occurred. Although the number of motor vehicle traffic fatalities has decreased in the last decade, the number of rural fatalities resulted in almost 5,000 more lives lost compared to those killed in urban area traffic accidents.

This is mostly due to the fact that in rural areas it is easier to speed than in urban areas. It makes sense that the higher the speed of a passenger vehicle the more likely serious injury could occur in a crash. In fact, 33 percent of speed-related crashes occurred in rural areas. Speed-related fatalities are more likely during the evening hours or weekends. In 2008, the NHTSA reported that more than 50 percent of rural/urban speeding related fatalities from motor vehicle crashes were on weekends and evenings (6:00pm to 5:59am).

In 2008, Florida had a total of 2,978 fatal crashes. Urban areas were found to be more dangerous resulting in 59 percent of those fatalities while only 37 percent occurred in rural areas.

So if you are heading to work or out to the country to enjoy a family picnic make sure you maintain a speed that is safe for everyone.

Drunk driving, distracted driving and drowsy driving also contribute to the high-risk or rural accidents. Rural roads are also narrower and typically less well lit. By keeping your guard up, even after you leave the city, you will be giving yourself the best chance of avoiding a car accident in Broward County or the surrounding areas.
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The majority of fatal car accidents in West Palm Beach and elsewhere continue to involve passenger cars, although rollovers more frequently involve trucks and SUVs, according to new information released by the National Highway Traffic Safety Administration.

Our West Palm Beach car accident attorneys also note that the type of vehicle and type of accident can influence your risk of serious or fatal injuries.

Together those vehicles were involved in more than 9.5 million of the nation’s 10 million traffic accidents in 2008.

-Passenger cars: 14,587 fatalities and 1.3 million injuries.

-Light trucks: 10,764 fatalities and 768,000 injuries.

-SUVs: 4,186 fatalities and 361,000 injuries.

-Pickup trucks: 5,073 fatalities and 250,000 injuries.

-Vans: 1,491 fatalities and 145,000 injuries.

The number of motorists injured or killed in SUV accidents increased. Additionally, SUVs were most likely to be involved in a fatal rollover accident. In all, 42 percent of fatal crashes involving SUVs were rollover accidents, compared to 34 percent for trucks and 23 percent for vans and passenger cars.

Occupants of passenger cars involved in head-on collisions with light trucks were four times more likely to be killed than truck occupants. Additionally, the report found that a vehicle struck in the side was most likely to result in fatalities during a so-called “t-bone collision.”
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For one South Florida doctor, talk of driving while drowsy strikes close to home. In a recent interview with CBS-4, the dermatologist admitted that during his residency he had, on occasion, driven despite being exhausted. He spoke of that “freak out” moment all too familiar to some drivers, when suddenly you snap out of a dead sleep and realize you are still behind the wheel.

Our St. Lucie car accident lawyers know that in today’s fast-paced world catching a regular eight hours of sleep is more a dream than a reality for most drivers. Yet few things are as important to good health as regular sleep. Persistent sleep deprivation has been linked to a host of chronic conditions from diabetes to obesity to heart disease. Now, a recent AAA Foundation survey reveals that a lack of sleep is also a significant contributor to car accidents.

Roughly 16 percent of fatal car accidents have been linked to driver fatigue, and drowsy driving is believed to be responsible for one in eight injury crashes. Such statistics are not surprising given that the survey also found that 25 percent of drivers admit to driving during the last month despite being barely able to keep their eyes open.

“Many of us tend to underestimate the negative effects associated with fatigue and sleep deprivation and, conversely, overestimate our abilities to overcome them while driving,” said Kathleen Marvaso, vice president, AAA Public Affairs. “Unfortunately, too many drivers have adopted the ‘I’m tired, but I can make it’ mentality, often to their own peril or to the peril of others.”

To avoid driving while drowsy and reduce the risk of being involved in a South Florida car accident, the AAA Foundation provides the following information for driver consideration:

~ Men are far more likely to be involved in drowsy driving car accidents than women.

~ Drivers traveling with passengers are 50 percent less likely to succumb to the effects of drowsy driving.

~ Daytime driving offers zero protection from incidence of drowsy driving. In fact, 26 percent of drivers surveyed said they fell asleep behind the wheel between noon and 5 p.m.

~ Younger drivers (aged 16-24) are more likely to fall asleep than older drivers.

~ Nearly 60 percent of drowsy driving car accidents are caused by a vehicle traveling off road or due to lane drifting.

~ Playing the radio louder, opening windows, and slapping yourself in the face are utterly ineffective remedies for combating driver fatigue.
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Our Hollywood, Florida injury lawyers frequently write about the dangers faced by teen drivers on the road. Now a new report by USA Today suggests that parents are turning to one of the oldest tools in the arsenal to help ensure the safety of young drivers: The Teen Driving Contract.

Teens are responsible for a disproportionately high number of cars accidents in Fort Lauderdale and throughout South Florida. Nationwide, traffic accidents are the leading cause of death for young people ages 15 to 20, according to the National Highway Traffic Safety Administration.

Now is an excellent time to initiate discussion and execute a safe driving contract with your young driver, as we prepare for high school homecomings, the upcoming holidays and the start of heavy traffic that comes with tourist season.

Teens are at risk for every poor driving decision, behavior and habit imaginable, including drunk driving, not wearing a seat belt, driving with too many passengers in the vehicle, distracted driving and speeding. A driving contract typically sets out the expected behavior and the penalties for any violation. The contract also can restrict freedom initially, while rewarding experience with more freedom behind the wheel.

“It’s a way for parents and teens to engage with each other and agree on what the consequences are,” says Arlene Greenspan, of the injury center at the Centers for Disease Control and Prevention. “Writing it down clarifies for everybody what the rules are.”

Many insurers also offer discounts to parents and teenagers who have executed a written driving agreement. The government reports a total of 6,428 motorists were killed in accidents with teen drivers in 2008. Florida car accidents involving teenagers claimed 516 lives.

AAA offers a Florida teen safe driving agreement here.
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Hit-and-run car accidents in Palm Beach County are in the news this week after a substantial jury verdict and yet another deadly crash.

Our Palm Beach accident attorneys are frequently asked whether it is worthwhile for someone to pursue a claim in a hit-and-run accident or in an uninsured motorist accident in Palm Beach. We believe seeking the immediate representation of a qualified personal injury attorney is critical in such cases. If and when a driver is located, a claim can be made against his or her assets as well as other insurance policies in place on vehicles in the household. In the event a driver is never located, a claim may be made against your own insurance policy.

A jury has awarded a 62-year-old Belle Glade store owner $720,000 for injuries he suffered in a hit-and-run truck accident in the Glades, the Palm Beach Post reported. The jury rejected arguments from the truck driver and trucking company that the accident never happened. The victim has undergone surgery on his neck and back.

NBC5 reports authorities are looking for a dark green Ford pickup truck with a missing headlight and damage to the front and passenger side.

The truck is believed to be involved in a deadly hit-and-run accident that occurred on Sandpiper Drive in Royal Palm Beach on Saturday Oct. 16. Anyone with information about the truck or the accident is asked to call Palm Beach County Crime Stoppers at 1-800-458-TIPS.

Accidents can be devastating. But when a motorist fails to stop, the physical, emotional and financial consequences can be particularly difficult to overcome. Having an attorney present in the early days of a case can go a long way toward protecting your rights and the future financial well-being of you and your family. Waiting for a driver to be arrested is not the best option. Drivers frequently flee an accident scene because they are driving without a license and/or without insurance. Many times, finding a driver leaves an injured motorist no better off.
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The Florida Department of Highway Safety and Motor Vehicles is announcing a drunk driving crackdown that runs through the Halloween weekend.

As our West Palm Beach accident attorneys reported recently on our South Florida Injury Lawyers Blog, pedestrian accidents, fall accidents and dog-bite injuries are also a common Halloween danger. But the primary focus of the Florida Highway Patrol will be taking drunks off the road.

The “Drunk Driving. Over the Limit. Under Arrest” campaign runs Oct. 25-31.

“There is not a Halloween costume clever enough to hide an impaired driver who has made the poor decision to get behind the wheel,” said FHP Director, Colonel John Czernis. “Whether you’ve had one too many or way too many it is just not worth the risk. Remember, Buzzed Driving is Drunk Driving. Our troopers will be vigilant in their efforts to remove impaired drivers from our roadways.”

The state reports that 1,004 of the 2,563 fatal crashes last year were alcohol related, giving Florida one of the highest rates of drunk driving crashes in the nation.

The Patrol offers the following safety tips for a safe Halloween on the roads:

-Plan a way home in advance.

-Designate a sober driver.

-If impaired, use a taxi, call someone for a ride, or use public transportation.

-Call 8FHP (*347) to report a drunk driver on the road.
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A reporter and cameraman were injured this week in a Fort Lauderdale car accident when their television remote truck flipped over after reportedly colliding with a Jeep. The crash happened near the Kathleen C. Wright Administration building, which headquarters the Broward County School District, according to the Palm Beach Post.

Car accidents are the most common cause of work-related accidents. In all cases, an employee would be entitled to workers’ compensation benefits for car accidents that occur while on the job. Such benefits are designed to pay the cost of your medical bills and a portion of lost wages.

In other cases involving work accidents while on the job — or those in an accident with a work vehicle — a personal injury or wrongful death lawsuit may be filed against the business. Employers carry large umbrella liability policies, typically in the amount of $2 million, to help protect against serious or fatal accidents involving a company vehicle.

The Bureau of Labor Statistics reports that more than one-third of all fatal work accidents involved a traffic accident in 2009, accounting for 1,682 of the 4,340 work-related deaths.

In this case, the crash happened about 9 a.m. near the intersection of Southeast Third Avenue and Southeast Sixth Street. Two WPLG Ch. 10 employees and the female driver of the Jeep were transferred to Broward General Medical Center.

The TV News employees were identified as reporter Neki Mohan and cameraman David Silver.

The white television truck was heading downtown, where firefighters were taking part in a training program that involved the controlled burn of a vacant building. The woman in the Jeep was an employee of the school district and was heading for the district’s nearby parking garage.
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For more than 30 years, the National Highway Traffic Safety Administration has been providing consumers with crash-test performance data that helps vehicle buyers make well-informed safety choices when it comes purchasing a car or truck.

In an ongoing effort to improve the evaluation criteria, the NHTSA has updated its five-star safety rating system to include today’s technological safety enhancements. Newer technologies and newer standards ultimately mean better protection for occupants in the event of a Fort Lauderdale car accident, but they also change the ratings for many previously rated vehicles.

Newer evaluations include a front end and side-pole crash test series that measures how the vehicle protects the head, neck, chest and legs of occupants involved in a either a head-on crash or one where the car or truck strikes a tree or utility pole from the side. The NHTSA has also upgraded their crash-test dummies to include a smaller-sized adult female and a medium-sized adult male.

Also included is a review of rollover- and crash-resistance technologies, such as, electronic stability control (ESC), and forward collision and lane departure warnings. Each are “smart” technologies that evaluate driving, road and traffic conditions in real-time and either alert the driver through dashboard and sound signaling or execute mechanical actions to correct for driver error.

With ESC, for example, if a driver heads into a turn at a dangerous speed or hits a slippery patch of road and begins to spin out of control, sensors will signal a braking mechanism to compensate for under- or over-steering.

The NHTSA has already published findings on more than 30 vehicles and expects to rate and evaluate 55 more in 2011. To date, only the BMW 5-series and Hyundai Sonata have earned five-stars. Formerly a five-star holder, the Toyota Camry dropped to a three-star ranking, and the Nissan Versa holds the sole distinction of a two-star rating.

You can visit the website for new and used car safety ratings.
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Our South Florida Car Accident lawyers reported in an earlier post to our Fort Lauderdale Car Accident Attorney blog, that Florida remains one of just seven states with no laws restricting use of hand-held or other electronic devices despite an explosion in the number of distracted driving car accidents nationwide.

In 2009, the National Highway Traffic Safety Administration linked cell-phone use to 18 percent of distracted driving fatalities and 5 percent of distracted driving injuries nationwide. But, of course, texting or chatting aren’t the only ways drivers can be distracted.

USA Today reports that a host of distractions were found to contribute to more than 16 percent of all motor vehicles accidents that claimed 5,474 lives and injured more than 448,000 in 2009.

Eating while driving is a popular distraction common to drivers, so is applying makeup, searching for a favorite CD or new radio station, engaging with passengers, disciplining children, lighting a smoke and reading. And then there those folks who travel with furry companions who, more often than not, roam the vehicle unrestrained.

Some experts even claim that our quality highway system has created a “complacency among many drivers” that builds a false sense of security and lures drivers to take their eyes off the road. But even a two-second distraction can have deadly consequences. A car moving at 60 and 70 m.p.h. can travel up to a couple hundred feet in a matter of two seconds, more than enough time and distance to cause an accident.

In a recent interview, U.S. Transportation Secretary Ray LaHood referred to distracted driving as an “epidemic” in America. One that is claiming more lives as overall traffic fatalities have fallen to their lowest number since 1950. To top it off, our most vulnerable drivers – those aged 20 and younger – represent the largest group killed in distracted driving fatal car accidents.
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