Fort Lauderdale Car Accident Attorney Blog

For quite some time now, the Fourth of July holiday has been ranked as the deadliest holiday on U.S. roadways. On average, close to 140 people are killed on this day alone, according to the Insurance Institute for Highway Safety (IIHS).

The United Press International (UPI) reports that car accidents also continue to be the number one killer of residents under the age of 34. Teenagers are about four times more likely to die in these incidents.

Our Wellington car accident lawyers understand that teenage drivers account for close to 10 percent of the driving fatalities we see on the Fourth of July. They’re highly susceptible to these kinds of accidents because of distracted driving and other poor decisions behind the wheel. As a matter of fact, officials with the Allstate Foundation report that about 75 percent of teens claim that they read and respond to texts while driving. That’s a number that’s up close to 50 percent since 2009.

“Putting down the phone, never texting while driving and always wearing a safety belt can help make sure that everyone returns home safely after their Independence Day celebrations,” said Sanjay Gupta from Allstate.

This is where the parents come in. It’s important that you’re always practicing your safest habits behind the wheel to help to steer younger, learning drivers in the right direction.

Drunk drivers are another serious problem we’re facing out there on our roadways. Unfortunately, booze, barbeques and fireworks all go hand in hand. But what many Americans are forgetting in this equation is a designated driver. We want to remind you that officers will be out in full force looking for intoxicated drivers.

Remember that drinking and driving could not only throw you into a fatal accident, but it could also land you in jail.

As a matter of fact, alcohol-impaired drivers are the cause of about a third of all traffic fatalities. Someone is killed on our roadways in these kinds of accidents, on average, about every 45 minutes.

There’s never a reason to get behind the wheel after you’ve been drinking. And that’s why we’re asking drivers to take the pledge to drive drug and alcohol-free.

Remember, there are ways to get home safely if you’ve been drinking. You should make sure you’ve got yourself a designated driver before you head out. But if those plans fall through, you can always call a cab, a friend or a family member to come pick you up. There’s even public transportation to fall back on. When those options aren’t available, you’re better off just staying put and sleeping over. A hotel room is a heck of a lot cheaper than a drunk driving conviction.
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News headlines have been dominated by the National Security Administration leak scandal perpetrated by a former CIA informant. The IRS’s action against conservative watchdog groups also has some up and arms at government interference. As does the report of government monitoring of citizen website traffic.

But one secret the government has never tried to keep: What you do behind the wheel is not just your business.

There are more than 3,000 people killed every year by distracted driving. Our Fort Lauderdale car accident attorneys are experienced in complex cases involving cell phone use. Despite state legislative efforts to curb distracted driving, cell phone use continues to pose a significant risk to drivers, passengers and other motorists. Research has proven that disregarding warnings and the laws, drivers cannot seem to put down their phones when behind the wheel. A recent article published in Wired suggests that the federal government may have an alternative to “no texting” and “no cell phone” bans.

Given the high risk of distracted driving, the federal government claims to have the solution to curb the use of mobile devices when behind the wheel. According to a researcher for the National Highway Safety Administration, new government regulations coupled with automobile manufacturing standards and the electronic industry could reduce fatalities.

The government is seeking a long-term technological solution to the problem of distracted driving. A new innovation would make a device recognizable to a vehicle, which could then deactivate it while the vehicle is in motion. Researchers believe this is the ultimate solution to the distracted driving problem. Obviously, this means that you would no longer be able to send a text, use Facebook, or use GPS from your mobile device. NHTSA and the Department of Transportation have published a 281-page report on how to accomplish this objective.

In the event of an accident police officers can get a warrant to obtain your driving record and determine whether you were texting and driving or using your cell phone while driving. For general traffic violations, officers are not likely to investigate or charge you; however, if you cause injury or in the event of fatality, those driving records can be used to prove criminal or civil negligence. If this new technology were to succeed, no driver would have the opportunity to text and drive.

The objective of the federal government is to limit the time a driver is able to take his or her eyes or hands off the task of driving. According to the NHTSA, if mobile devices are disabled, drivers would be unable to enter a text for messaging or use internet browsing while the car is in motion.

One version of the solution would require a driver to connect a smartphone or mobile device to the vehicle’s system. The second idea would have a proximity sensor in the vehicle that recognizes when the driver is using the device, requiring them to pass the phone to a passenger.

While safety advocates admit that the technological solution could reduce the overall number of distracted driving accidents, it is going to be a challenge to get compliance from automakers, electronic manufacturers and aftermarket manufacturers, as well as the public.
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As we have discussed in previous blog posts, distracted driving is an increasing danger to drivers and other motorists sharing the road. The few seconds it can take to check your cellphone for a text, glance at the headlines, or read an email, is enough time to cause a serious or fatal accident. This summer, drivers should be especially careful of the dangers of distracted driving and red-light intersection collisions.

Rear-end collisions often occur when a distracted driver fails to react to stopped traffic ahead. Similarly, a driver who fails to spot a yellow or red light can fly through the intersection and cause a serious or fatal accident. A new study commissioned by the National Coalition for Safer Roads has found that 12 percent of red light violations are caused by distracted driving. The Insurance Institute for Highway Safety has indicated that drivers who run red lights are the leading cause of accidents in urban settings. Our Fort Lauderdale accident attorneys are experienced in investigating red light accidents and helping families who have suffered personal and financial losses arising from an intersection accident.

Researchers tracked accidents in 118 intersections throughout 19 communities over a three-month duration. Analyzing the camera images at the intersections, the research team found that a significant percentage of accidents were caused by distracted driving. This means that more than a million red light intersection accidents are caused by distracted driving every year.

Understanding the risks of distracted driving may not be enough. Despite warnings, many Americans continue to use handheld devices behind the wheel. Even in states where drivers are required to use hand-free devices, the distraction may be just as dangerous. For many drivers, laws and safety warnings are not enough to curb or stop the use of cell phones when behind the wheel.

According to the National Safety Council, 21 percent of all crashes are caused by cell phones. While cell phones are notoriously distracting, an even bigger distraction for drivers is the use of a smartphone. Over 50% of Americans now use a smartphone, up from 35 percent in 2011. The use of smartphones poses a larger risk of hazard because users have greater access to distracting features including the Internet, GPS, Facebook, and other applications.

Smartphone ownership is highest among younger adults, including those in their 20s and 30s. The use of smartphones has also expanded to the 40s and 50s crowd; however research suggests that the 65 and older demographic are not likely to pick up a smartphone if they have not already. Whether you are a veteran smartphone user or you have a smartphone for the first time this summer, be aware of the very dangerous risk of texting, emailing, Facebooking, or surfing the net while behind the wheel. Even using GPS can be a long-enough distraction to cause an accident.

Summer can be a dangerous time of the year, especially for new drivers, teen drivers, and drivers who are new to using a smartphone. All drivers should refrain from using handheld devices while behind the wheel. Put your device in your purse, in the glove compartment, or hand it over to a passenger. All drivers should refrain from texting and driving and other distractions to prevent red light intersection collisions, rear end collisions and preventable road tragedies.
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The busy summer travel season is already underway and officials with the National Highway Traffic Safety Administration (NHTSA) are here to help make sure that your summer road trip is as safe as possible.

It’s important that you take the simple (and necessary) precautions to make sure that your vehicle is in good condition and that it’s ready to handle anything on our roadways. Officials are also looking to make sure that you’re calm and responsible behind the wheel.

Our Fort Lauderdale car accident attorneys understand that the summertime allows many friends and family members to get out and take a much-needed summer vacation. A majority of residents will be driving to their destinations. But with the increase in traffic and the wear and tear on our vehicles, we’ve got to make sure that we’re doing everything we can do stay safe.

Have a look at these safety tips to help ensure you’re making a safe trip:

Prepare Your Vehicle:

-Have your car tuned up periodically. Have your battery, your tires checked to make sure there will be no problems out there on your vacation journey.

-Check your windshield wipers. The last place you want to realize that they need to be changed is in the middle of a storm. Florida rainy season upon us and many are noticing their wipers did not make it through the winter.

-Check your lights. You want to make sure that the turn signals, the brake lights, the interior lights and the emergency flashers are all working properly. This is going to help ensure other motorists can see you and you can see what you’re doing.

-Check the air conditioning. You want to make sure it has the power to keep you cold. Lack of air conditioning on a hot summer day affects people who are in poor health or are sensitive to heat, such as children and seniors.

-Get an emergency roadside kit. Make sure you’ve got all the necessities for a breakdown before it happens. Keep extra drinking water, nonperishable food, jumper cables, flares, flags, flashlights, a first-aid kit and a cell phone with you at all times.

Lastly, you want to make sure that your driving skills are up to par. Make sure that you keep distractions from the driver’s seat and all of your attention on the road. Make sure you’re aware of the road laws in the areas that you’ll be traveling. Ensure that everyone in your vehicle is properly buckled in during each and every car ride. You also want to keep an eye out for other travelers. We’re talking about motorcyclists, pedestrians and bicyclists. They’ll be out sharing the roads during the summer travel season too, and it’s important to remember that they have just as much of a right to our roadways as you do.

We wish you a happy summer season and ask that you consider all of the safety options before setting out on your summer vacation.
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As most residents already know, Florida is one of the last states to pass a texting ban, despite widespread evidence that driving while texting can be deadly. Distracted driving, including driving while texting, is becoming a leading cause of traffic fatalities. According to a recent study, more teens die every year from texting and driving than from drunk-driving related accidents.

While most state legislative branches have already taken the initiative to create bans on texting while driving, Florida has still not passed a law against texting while driving. State texting bans vary, but most carry significant penalties for offenders. Our Fort Lauderdale car accident attorneys are experienced in the investigation of texting while driving accidents and are dedicated to helping accident victims recover compensation.

In addition to bans against texting while driving, a new survey suggests that many drivers also want texters to pay higher insurance rates. The survey was commissioned by CarInsurance.com and found that motorists agreed that car insurance policies should penalize drivers who texted while driving. Evidence has shown that increasing insurance premiums after moving violations, including speeding, can be a deterrent for drivers.

Motorists surveyed agreed that texters should have to pay higher insurance premiums because it affects their ability to drive safely. Those interviewed in the survey also agreed that drivers should be penalized for additional risky behaviors including speeding and use of cell phone. The survey also revealed that over 50% of those surveyed believe that a discount should be offered to drivers who were willing to install a “cell-phone disabling device” in their vehicles. The device would be offered by an insurance company to track how fast a car travels. It would also give an insurance company insight into the behavior of the driver. In addition to texting, drivers are also distracted by children, music, eating, and pets.

Texting while driving is a particular risk to young drivers and motorists. If you have a young teen driver, it is important to keep them aware of the dangers. A recent study revealed that over 3,000 teen deaths per year are caused by texting while driving, while only 2,700 deaths were caused by drunk driving. Researchers believe this may be caused by the accessibility of cell phones rather than alcohol, but they are also in regular use throughout the day, where drinking usually only occurs on nights and weekends. Teens can also be distracted easily and are disadvantaged as inexperienced drivers.

Reports have indicated that over 50 percent of teens admit to texting while driving. Some researchers argue that texting while driving bans have not been especially effective and that incidences of texting while driving are high, regardless of whether it is against the law. The high numbers of teen deaths caused by distracted driving should be warning enough to other teens; however, many still will not learn until it is too late.

Texting while driving and distracted driving are real threats to drivers, passengers, and all motorists sharing the road. When you get behind the wheel, remember that drivers using cell phones are 4 times as likely to become involved in an accident. One of the primary reasons that driver distraction causes accidents is that drivers lose the ability to react quickly. Taking your eyes off the road for the amount of time it takes to read a text means traveling the entire length of a football field if you are going 55 miles per hour. That is a long way to travel without being able to see the road.

We hope the driver signs Florida’s texting ban into law.
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After more than 5 years of effort, Florida has finally enacted a texting-and-driving ban. According to FOX Business, Florida Governor Rick Scott recently signed “Florida ban on texting while driving law.”

Unfortunately, this law doesn’t completely ban all drivers from using a text messaging device behind the wheel. But atleast it’s a start. What the law puts an end to is the act of manual texting while driving. It’s considered a secondary offense, meaning that an office could not pull over a driver solely for texting. They’ve first got to witness the driver breaking another road law, like speeding or running a red light, before they can be pulled over and cited for texting behind the wheel.

Our Cooper City accident lawyers understand that drivers are still unfortunately allowed to text while “a motor vehicle that is stationary is not being operated.” This means that we’re likely to see drivers still texting at red lights. So don’t expect the driver in front of you to be ready to go when the light turns green if they’re in the middle of a text.

Drivers are still allowed to take their eyes off the road for navigational purposes, such as GPS devices. Unfortunately, these devices come with the same distracted-driving consequences as text messaging devices. Drivers are also allowed to use hands-free devices still, also taking their cognitive abilities off of driving.

If these loopholes aren’t working in your favor and you’re still busted for texting behind the wheel, you’re looking at a non-moving violation and a fine of $30 (plus the costs of the courts). If it’s your second violation, drivers can expect a $60 fine (in addition to court costs), a moving violation on your record and three points slapped on your driving record.

It’s that second violation that’s going to draw some attention from your insurance provider, too. Moving violations fall under the category of speeding and red-light running and typically also come with higher premiums. Those hikes in costs will probably last you about 3 years, too.

If you’re busted texting behind the wheel while an accident happens, you’re looking at 6 points on your driver’s license. Under the new law, a driver’s phone records can be used as evidence in the event of an accident that results in injury or death.

Scott pointed out that this law was signed at the beginning of the “100 Deadliest Days” of driving for teenagers. This is the time between Memorial Day and Labor Day and serves as the most dangerous time on our roadways for newly-licensed drivers. They’re also most likely to text behind the wheel. This law is working to help keep them alive.

This law will not take effect until October 1st.
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