Fort Lauderdale Car Accident Attorney Blog

Published on: August 23, 2013

Curbing Road Rage and Tractor-Trailer Accident Fatalities

Truckers may know they are driving the most dangerous and threatening vehicles on the road, but they don’t always act like it. Many truck drivers are known to switch lanes, cut off cars, speed, and drive recklessly. This kind of driving behavior can pose significant hazards and ultimately result in accidents and wrongful death.

Despite training sessions, federal laws, and common knowledge that larger trucks are dangerous, many drivers will continue to flout state and federal laws just to get in another mile or two in the fast lane. In addition to frustrating other drivers on the road, these truckers are creating serious hazards and potentially risking the lives of motorists and their passengers. Our Fort Lauderdale trucking accident attorneys are committed to protecting victims who have been affected by these tragedies. We continue to remain dedicated to raising awareness to prevent future accidents and injury.

A recent crackdown on aggressive drivers has helped to reduce deadly big rig accidents by 40%. Police have started a campaign to catch and penalize unsafe truck drivers. The campaign, known as the “Ticketing Aggressive Cars and Trucks (TACT)” program, targeted aggressive drivers of both tractor-trailers and passenger vehicles. Florida will be conducting a similar campaign through the upcoming Labor Day weekend.

The program is funded by the Federal Motor Carrier Safety Administration and aims to reduce the total number of fatalities and accidents by stopping and penalizing aggressive drivers.
Continue reading →

Published on: August 14, 2013

Slightly Fewer Traffic Collisions Reported in Florida First Half of 2013

By Dean Freeman

According to officials with the National Safety Council (NSC), traffic accident fatalities reported across the nation saw a 5 percent decrease during the first 6 months of 2013, in comparison to the reported accidents during the same time in 2012.

In 2013, there were more than 16,600 people killed in traffic accidents from January through June. During this same time in 2012, there were more than 17,400 people killed.

Our Coral Springs car accident attorneys understand that the state of Florida also reported a decline and, however modest, a decline is good news. We saw a 7 percent decline in the number of reported traffic accident fatalities in the first half of 2013. Officials have yet to determine if the decrease was the cause of safer driving, safer vehicles or other unknown factors.

Not only are we losing lives here, but we’re also racking up costs. According to the NSC, motor vehicle accidents come with significant costs in lost wages and productivity, employer costs, medical expenses, administrative costs, and property damage. From January through July of 2013, the total estimated costs associated with these accidents were more than $125 billion.

In the breakdown of these accidents, we see that the state of Florida saw more than 1,000 motor vehicle accident fatalities during the first six months of 2013. During the same time in 2012, we saw close to 1,100 fatalities.

While this is good news, the fight is far from over. We need to take a step back and reexamine our driving habits to see where we could use a little improvement.

According to Drivers.com, the top causes for accidents are:

-Drunk Driving

-Speeding

-Distracted Driving

As you can see, these three top factors are all related to a driver’s behavior behind the wheel. With that being said, it’s clear that we need to focus our attention inward to help to combat this problem. It’s important that you never get behind the wheel after consuming alcohol. Always have a designated driver to get you home in one piece.

It’s also important that we obey the posted speed limits. These limits are not here to slow us down, but to help to ensure our safety. The faster you are traveling — the higher your risks for an accident.

And lastly, distracted driving. With new technology, accessing the internet is easier than ever. But behind the wheel is no time for these activities. This includes phone calls and text messages. Driving safely required 100 percent of our attention — at all times.
Continue reading →

Published on: August 8, 2013

Is Florida Distracted in its Distracted Driving Battle?

By Dean Freeman

Looking to reduce the risks of distracted driving? A hands-free device isn’t your best bet. According to The Street, these devices are just as distracting to drivers as handheld devices.

However, people don’t recognize distraction with a hands-free device because their hands are still on the wheel and their eyes are still on the road. Unfortunately, your brain and your attention are directed elsewhere.

Our Lauderhill car accident lawyers understand that hands-free is not risk-free. According to a recent study from the AAA Foundation for Traffic Safety, you can still experience impairments with some of these new voice-based in-car electronics. Researchers with AAA studied a number of drivers and examined their driving proficiency while engaging in a number of various activities. The findings concluded that, even with hands-free devices, driver’s’ attention was diverted from the road.

To help to combat this problem, officials with the Governors Highway Safety Administration (GHSA) released “2013 Distracted Driving: Survey of the States.” This was a study conducted to see just how states are working to combat distracted driving and what they can do to help to eliminate these risks on their roadways.

As it stands now, about half of all adults in the country currently have a smartphone. In addition, the wireless industry returned a report of a subscription penetration rate of more than 100 percent.

Given the prevalence of the risks, state lawmakers are looking to crackdown on drivers who are engaging in cell phone use behind the wheel. According to the GHSA study, since 2010, there have been more and more states to enact and enforce laws, leverage new media to educate the motoring public, focus on key constituency groups and collect data related to the problem.

Was Florida one of these states?

According to the GHSA, the state of Florida did in fact include distracted driving concerns in its strategic highway safety plan (in 2012). On the other hand, the Sunshine State failed to collect any kind of distracted driving data.

As you may be aware, a new law was signed in our state to ban drivers from text messaging while a vehicle is in motion. Florida was one of the country’s last holdouts, as 45 other states have some kind of texting ban in place.

This new ban, signed by Gov. Rick Scott, goes into effect October 1st and makes texting while driving a “secondary” offense, meaning a driver would have to be pulled over for some other violation, like speeding, to get a texting ticket. Unfortunately, Drivers can still make phone calls, but they are prohibited from typing on a device while the car is moving.

Is it strict enough to make a difference? Officials with the GHSA say that Florida needs to do more, and that’s why we’re turning to you. We all know the risks of distracted driving. Do the right thing and pay attention to the road. It’s a move that could not only save you from a ticket, but it could save your life.
Continue reading →

Published on: August 4, 2013

I-95 Trucking Accident Leaves Rig Dangling on Overpass — Driver Pleads Guilty

By Dean Freeman

A passenger of a bakery box truck was killed in an accident after the vehicle slammed into an interchange wall and was left dangling over Interstate 95. The driver has entered his plea of guilty.

According to the Sun-Sentinel, the driver was adjudicated guilty of careless driving that involved that February fatal accident. The driver was fined $1,000 in addition to court costs and must complete 250 hours of community service. His driver’s license was also suspended for 6 months.

Our Fort Lauderdale accident attorneys understand that the interchange where this incident happened is equipped with a number of signals, signs and ramps. Some of the barriers in the area are smeared with black marks, serving as unfortunate reminders of past accidents and close calls. The accident that took the passenger in the bakery box happened as the crew headed to Tampa. it happened at about 5:30 a.m. as the truck exited at State Road 84. The truck neglected to make that sharp turn onto 84, according to officers, and crashed right into the north wall of the interchange. The collision left a 10-foot hole.

During the rescue efforts, officials with the Fort Lauderdale Fire Rescue had to secure cables between the box truck and it’s heavy cargo backing to keep it from falling to the ground 50 feet below.

According to the Florida Department of Highway Safety and Motor Vehicles (DHSMV), more than 10 percent of all motor vehicle traffic fatalities reported involved large trucks, defined as vehicles weighing over 10,000 pounds. Among the people killed in these accidents, close to 75 percent of them were the occupants of other motor vehicles involved. Only about 15 percent of those killed in these accidents were those in the large trucks.

It’s not uncommon for the drivers of large trucks and passenger vehicles to have prior speeding convictions.

According to the National Highway Traffic Safety Administration (NHTSA), the state of Florida saw more than 200 large trucks involved in fatal traffic accidents in 2011. This means that close to 6 percent of all of the the fatal trucking accidents across the nation happened in the state of Florida.

Unfortunately, these are statistics that are on the rise as we continue to see more and more fatal trucking accidents nationwide. The latest increase we saw was the 2 percent increase from 2010 to 2011. While a 2 percent increase may see insignificant to you, consider it this way: There were close to 4,000 people killed in trucking accidents across the nation during that year. Any percent increase is a concern for motorists and safety advocates.

In 2011, these large trucks accounted for 8 percent of all vehicles involved in fatal crashes and 3 percent of all vehicles involved in injury and property-damage-only crashes.

It’s important that we exercising the safest of traveling habits around large commercial vehicles. One wrong move could result in a fatal accident. Our passenger vehicles stand virtually no chance against the size, weight and power of a large, commercial vehicle.
Continue reading →

Published on: August 1, 2013

NHTSA Aims Beyond Drivers in Distracted Driving Fight

By Dean Freeman

Safe driving advocates are doing all they can to help educate drivers about the risks of distracted driving. Now, U.S. Department of Transportation Secretary Ray LaHood is turning to companies to help fight this problem. According to The New York Times, LaHood says that voice-recognition services and devices are not the answer, saying “voice-recognition systems for cars — like those that let people compose texts using voice commands while driving — do not meet his standard for safety.”

Our Boynton Beach car accident attorneys understand that newer vehicles are advancing each and every year, coming with more and more hands-free, voice-recognition devices. But how effective is this new technology? According to a number of recent studies, these devices are no safer that using a hand-held cell phone or text messaging device while trying to navigate our roadways. And that’s where LaHood, the NHTSA and other safe driving advocates are calling out manufacturers.

“A challenge for us is that you may have guidelines about a vehicle, but (drivers) can buy a portable navigation unit, stick it on the dash and that device wouldn’t be covered,” said Wade Newton, spokesman with the Alliance of Automobile Manufacturers.

That’s why officials are now turning to smartphone companies and other technology companies to recruit help.

Officials see our technology use behind the wheel as being similar to alcohol use and driving. It’s a problem that drivers are aware of, but they’re not doing enough to change their dangerous behavior. Distracted driving has been recently referred to as “an epidemic” on roadways across the nation.

In addition to recruiting help and reaching out to electronic companies, LaHood says local and state enforcement officers can make bigger changes, too. He says we should learn from our past successes, like seat belt use. Stricter laws and tougher punishments serve as a successful deterrent against specific behaviors. This is probably the reason distracted driving is so common in the state of Florida. As you may know, the current law in the Sunshine State allow all drivers to talk on their phones and text message behind the wheel as much as they want. There’s nothing on the books saying that you can’t, and drivers are taking that and running with it.

Although that’s all going to change soon, is it changing enough? According to the Sun-Sentinel, Gov. Rick Scott recently signed a law to ban manual texting and emailing while driving. The penalties are light, amounting to $30 plus court costs for a first offense and $60 for a second offense. Unfortunately, this will only be a “secondary” offense, which means that an officer has to pull you over for some other violation, like speeding, before you can get a ticket for texting.

Are those consequences really enough to get drivers to put down the phones? If not, maybe we should remind them of the risks for death involved with distracted driving.
Continue reading →

Published on: July 26, 2013

Florida Teen Drivers Halfway Through 100 Deadliest Days

By Dean Freeman

We’re halfway through the 100 Deadliest Days for teen drivers. According to the National Safety Council (NSC), July 15th marked the middle of this dangerous time. Looking back on historical trends, these are the 100 days that we see the most teen motorists fatalities. About 600 people were probably killed in young-driver accidents since Memorial Day.

Our Belle Glade car accident lawyers understand that car accidents are still the number one cause of death for teens across the county. In helping to reduce these risks, there are many things we can do. It’s all about making sure that these newly-licensed drivers are provided with a solid foundation to help to develop safe driving habits for a lifetime.

First, we must understand the risks to help to solve the problem.

Teen Driver Risks:

-Over half of all teenagers that were killed in a motor-vehicle accident were not wearing a seat belt at the time of impact.

-About 40 percent of collisions occur at night. Most of them happen before midnight.

-The more passengers a teen driver has in their vehicle, the higher the risks are for an accident.

-Teens are among the age group that is most likely to engage in electronic distractions behind the wheel. Unfortunately, about 70 percent of all teens text while driving.

Each year, there are roughly 900,000 accidents in which a teen driver is involved. If you break that down, that’s close to 3,000 accidents a day. These drivers are actually more likely to be involved in a fatal accident that any other group of drivers on the road.

Helping Teen Drivers:

-Make sure you are spending plenty of time in their vehicles. We’re talking about supervised driving time and it could wind up saving their life. Supervised driving time allows parents the opportunity to correct any dangerous behaviors that their teen driver may be engaging in.

-Always set a good example. When your teen driver is in the vehicle with you while you’re driving, make sure you’re following all of the road laws and you’re displaying safe, cautious and alert driving habits. You are one of the most influential people in a young driver’s life.

-Consider creating a parent-teen driving contract. This way you can lay down all of the rules and expectations for your teen. Make sure you include the consequences for breaking these rules as well. Have all parties involved sign the agreement.

-Make sure that your teen understands the importance of vehicle maintenance. This is not only to help the longevity of their vehicle — it can help them to avoid a roadside mishap as well.

-Talk with the parents of your teen’s friends. Make sure everyone is on the same page. Make sure you know where other parents stand on teen driver safety and be sure to share your feelings with them, too.
Continue reading →

Published on: July 20, 2013

Wrong-Way Drunk Driver Causes Accident in Royal Palm Beach

By Dean Freeman

A 30-year-old from Royal Palm Beach was recently sent to the hospital after officers concluded that he was driving under the influence and caused an accident.

Reports indicate that the driver was heading the wrong back down Okeechobee Boulevard just before 11:00 p.m. when the accident happened. He slammed head-on into an oncoming vehicle. The intoxicated driver was taken to St. Mary’s Medical center in critical condition. Luckily, the other driver involves escaped with less serious injuries.

Our West Palm Beach accident lawyers understand that these kinds of accidents are completely preventable. There is never a legitimate reason to get behind the wheel after consuming alcohol when there are so many other safe ways to get home. Not only are you running the risk of some jail time, but you’re also running the risk of injuring or killing yourself or someone else.

If you drink alcohol and drive you dramatically increase your chance of being in a crash. In addition, if you are pulled over and the officer asks you to take a blood, urine or breath test, you are required to comply. Florida has the “Implied Consent Law”. When you sign your driver’s license, you have agreed to take these tests upon request. Refusal to take any of these tests will result in an immediate suspension of your driver’s license for one year. If you refuse it a second time, you will face an 18 month suspension.

In 2010, there were close to 1,000 people who were convicted of drunk driving in Plam Beach. That’s 1,000 drivers who were irresponsible enough to put their own lives, and the lives of others, at risk. Miami Dade County was much worse off, seeing more than 2,220 drunk driving convictions in 2010.

According to the Florida Department of Highway Safety and Motor Vehicles (DHSMV), there were close to 228,000 traffic accidents reported in the state of Florida in 2011. Of those accidents, there were close to 108,000 that were alcohol-related. In these accidents, there were nearly 850 fatal accidents, killing more than 900 people. In addition to these fatalities, there were another 8,260 injury accidents in which close to 12,000 people were injured.

As we said, there are ways around these dangers:

-If you have a close friend who is trying to get behind the wheel after drinking, try to use a soft, calm approach to convince them of another option. Suggest that he’s had too much to drink and it would be better to let someone else drive or to take a cab.

-Before heading out, choose a designated driver. Decide who’s going to be doing the driving, and make sure that person doesn’t drink any alcoholic beverages.

-If you suspect a person is driving drunk, stay clear of them and promptly call 911 to report the driver to law enforcement.

-If you’re impaired, use a taxi, call a sober friend or family member, or use public transportation so you are sure to get home safely.
Continue reading →

Published on: July 13, 2013

Car Insurance Myths: How Good is Your Coverage?

By Dean Freeman

Whether state mandated or out of personal protection, car insurance is a necessary investment. Depending on the type of car you own, whether you have a loan, and what type of coverage you want, your policy will vary.

Unfortunately, misinformation and misconceptions about auto insurance can make policies and claims more complicated. If you have been involved in a car accident or you want to ensure proper coverage, it is important to have a clear understanding of your rights and obligations when it comes to auto insurance.

One-car, two-car, or multi-car pile-ups and intersection accidents can involve a number of automobile claims. If one or more drivers are uninsured, this can also create liability for your own insurance company. Our West Palm Beach car accident attorneys are experienced in helping our clients collect compensation they are entitled to, from insurance carriers and negligent parties.

What do you know about your own policy? Do you know how to get the most out of your insurance claim? Do you know what you are actually paying for? Here are some common myths about auto insurance that you should be aware of:

Myth #1: Agents and adjusters have your best interests in mind. While agents may seem friendly on the phone, remember that they are salespeople. This means that they may not be getting you the best deal. Similarly, claims adjusters are seeking to limit pay-outs and may even be working against you to limit your rights and compensation. Remember to shop around for best rates. After an accident, you should consult with an experienced attorney who can successfully protect your interests and ensure that you get the full coverage you are entitled to.

Myth #2: An accident caused by an animal is considered “no-fault.” When driving along a wooded highway you see a deer ahead slam on your brakes and veer off the road crashing into a median. This could cause significant damage to your car and property. In more severe accidents, you strike another vehicle. Do not make the mistake of believing that your insurance company will not hold you accountable. Hitting a deer or animal in the road will be considered “at-fault” in terms of insurance and any claim could impact your premiums.

Myth #3: You can collect value of loan if your car is “totaled.” When you are involved in an accident and your car is totaled, you may think that your insurance will cover the full amount you owe to the bank. Unfortunately, some auto loan holders find themselves in the position of having to pay off their loan out of pocket if the value of their car is less than the remainder of the loan. Remember that different policies have different coverage. Be sure that you have additional coverage to pay off a car loan.

Auto insurance can be complicated and has a number of variable features. Be sure to have the insurance you need for coverage and a clear understanding of your rights and responsibilities in the event of an accident.
Continue reading →

Published on: July 7, 2013

Florida Punter Arrested for Scooter DUI

By Dean Freeman

The dangers of drunk driving do not just apply to driver’s of cars and trucks. Drivers of other motor vehicles, including scooters, boats, and ATV’s are also at risk of causing serious injuries and fatalities. This past weekend, a University of Florida football player was charged criminally after allegedly riding a scooter while under the influence.

Drunk-driving poses a notorious risk to pedestrians, cyclists and other motorists sharing the road. During the summer, especially around holiday weekends, including the Fourth of July, motorists and their passengers are at a high risk of drinking and driving accidents. Our Fort Lauderdale accident attorneys are committed to helping the victims of DUI injury protect their rights after a collision. In addition to civil liability, DUI offenders can also be held criminally liable and face serious penalties.

A University of Florida football player was arrested over the weekend after being accused of operating his scooter while under the influence. The 19-year-old freshman was a walk-on Florida punter and charged with DUI. According to reports, the player was arrested by Gainesville Police after he was spotted running a stop sign while on his scooter.

Many South Florida residents will use a golf-cart, scooter or other non-traditional vehicle to get around. While these vehicles may seem safer to operate, drivers can still be held liable if they are found to be drinking and driving. These vehicles can also pose a significant risk to other motorists, pedestrians as well as cyclists and other bystanders.

The Florida punter allegedly ran a stop light in front of a police officer who was waiting to pass through the intersection. When the football player saw the police car, he swerved to avoid being seen and almost fell off his scooter. Police reports also indicated that he was visibly intoxicated. The officer also indicated that the punter pulled out his cell phone and tried to drive off before being pulled over.

When a driver is under the suspicion of alcohol use, there will be an initial investigation to test for blood-alcohol content. In the event of an accident or injury, these investigations are taken more seriously and drivers will be heavily scrutinized. In addition to criminal penalties, drivers can also be held civilly liable for all injuries and related expenses, including medical costs, long-term care needs, lost wages, pain and suffering and any additional losses related to the accident.

The defendant in this case was apprehended at a nearby parking garage where the officer noted in his police report the smell of alcohol. The officer also noted in his report that the player had bloodshot eyes and dilated pupils, both indications of alcohol use and intoxication. The underage player refused to submit to a blood-alcohol test and admitted to being at a bar, though denied that he was drinking. He was booked in jail. In addition to criminal penalties, he will likely face disciplinary measures from the university.

Florida drivers should remember that drinking and driving can be dangerous for car drivers, motorcyclists and truck drivers as well as those operating other motor vehicles, including scooters. Drivers of scooters and all motor vehicles should remember that criminal penalties can be severe and that serious accidents and injuries can arise from a drunk driving collision.
Continue reading →

Published on: July 5, 2013

August Ranks Highest in Car Accident Fatalities

By Dean Freeman

With Fourth of July behind us, you may be tempted to breathe a sigh of relief behind the wheel.

While winter can pose the risk of heavy seasonal traffic, summer driving months are typically the most dangerous of the year—and August is the deadliest. Road trips, construction, as well as summer rain storms create additional risks from drivers, whether passing through small town intersections or traveling at high speeds on the interstate.

The National Highway Traffic Safety Administration reports that more Americans are killed in August traffic collisions than in any other month of the year. Though motorists can take any number of precautions, some accidents remain out of driver control. Drunk-driving accidents, auto defects, speeding, and other negligent drivers can put innocent motorists at risk. Our Fort Lauderdale injury attorneys are committed to helping Florida tourists and residents prevent accidents and protect their rights in the event of a collision.

According to reports, there are 1.09 fatalities per 100 million miles traveled. March has the lowest number of fatalities with .94 per 100 million miles. As shocking as it seems, the agency indicated that an average of 93 people die every day in U.S. car accidents. This means one death every 16 minutes. A large percentage of the most deadly days of the year occur in August.

One of the primary reasons for the spike in accidents is the sheer number of miles traveled on U.S. roads. Analysts surmise that the accident rates rise because more people are driving during August than any other time of the year. This means that drivers are at a greater risk of accident, injury or death on the weekends.

Weekends mean more driving, especially long distances—trips to the store, camping, to family members or to the lake. Reports indicate that Saturdays have the highest number of crash-related deaths, averaging 123 deaths per day nationwide. Comparatively, Fridays are the second highest rate of accidents and Tuesday has the lowest number of crash-related fatalities.

Summer also increases the risk of drinking and driving accidents. When on the road this summer, be aware of the risks of drinking and driving and also be more cautious when on the freeways. When possible, you should avoid driving at night or when visibility is low. More than one-third of accidents occur between 3 and 9 p.m. However, the deadliest hours on the road are between 6 p.m. and 9 p.m. at night.

August driving can pose addition risks during inclement weather. As we have mentioned in earlier posts, you should avoid driving during heavy rains or tropical storms. If you are stuck in a storm while on the road, you should pull over until the storm dies down or avoid driving all together.

Despite public health campaigns that encourage the use of seatbelts, many of the August deaths can be attributed to motorists and passengers who fail to buckle up. According to the NHTSA, of those killed less than half of motorists and their passengers use seatbelts. This can exponentially increase the risk of fatality in the event of an accident.

August is high-risk month so danger lies ahead! Avoid distracted driving, buckle-up and avoid any unnecessary risks, including driving while fatigued, at night or during a storm.
Continue reading →