Fort Lauderdale Car Accident Attorney Blog

Published on: January 12, 2013

Broward Pedestrian Accidents & The Risk of Hybrid Vehicles

Officials with the National Highway Traffic Safety Administration (NHTSA) are asking that all vehicles meet a minimum sound standard.

In particular, they are targeting hybrid and electric vehicles in an effort to help keep pedestrians, bicyclists and other vulnerable travelers safe out there.

Our Fort Pierce car accident lawyers understand quieter vehicles can increase the risks in traffic — especially for cyclists and pedestrians. With the hybrid and electric cars, vehicles are seemingly silent. Unfortunately, many pedestrians and bicyclists rely on their hearing to help avoid approaching traffic. .

“Safety is our highest priority, and this proposal will help keep everyone using our nation’s streets and roadways safe, whether they are motorists, bicyclists or pedestrians, and especially the blind and visually impaired,” said Ray LaHood with the U.S. Department of Transportation.

These new, fuel-efficient and hybrid cars often don’t run on gas like normal, and at low speeds they’re alarmingly quiet. Under the new proposed standard, officials are asking Congress to require that in the Pedestrian Safety Enhancement Act these quieter cars meet a minimum sound requirement. They would only have to meet this standard when traveling 18 mph or slower because officials believe that their sound is sufficient at faster speeds.

Sounds would have to be the same for the same make and model of vehicle. The NHTSA has even gone as far as to provide car manufacturers with sample sounds already.

David Strickland with the NHTSA says that it’s all about helping to make our roadways safer for all travelers. He adds that this is a move that will largely benefit those who are hearing-impaired, as well as those who are visually impaired and so rely more heavily on the sound of approaching traffic.

It’s our responsibility as pedestrians to be on the lookout. We need to stay one step ahead of the vehicular traffic around us. Unfortunately, we can’t always rely on the safe habits of drivers. They’re oftentimes distracted if not blatantly ignoring on-foot travelers. Be sure that you’re doing all that you can to make yourself seen — like wearing bright colors, using reflective materials and traveling with a flashlight when it’s dark out. You’re also reminded to always use sidewalks and steer clear of passing traffic. Cross the road by using crosswalks and street corners.

This is especially important for pedestrians here in the South Florida area. According to Transportation for America, South Florida holds the top 4 most dangerous spots for pedestrian accidents in the country. These areas are Orlando-Kissimmee, Tampa-St. Petersburg-Pompano-Clearwater, Jacksonville and Miami-Fort Lauderdale-Pompano Beach.

The truth is that many pedestrian-car accidents can be prevented with awareness. Let’s all work together to remain aware of one another out there and work to improve roadway safety for all.
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Published on: January 9, 2013

Another Local Officer Injured in Roadside Accident

By Dean Freeman

As our Fort Lauderdale car accident attorneys recently reported, officials throughout the state are pushing the “Move Over Law” to help to keep roadside workers and officers safe.

Their efforts may not be as effective as planned as another Florida Highway Patrol (FHP) officer was recently injured in a roadside accident by a passing motorist. According to CBS Miami, a 33-year-old trooper was pulled over to the side of the road to check out a three-car accident when the accident went down at roughly 5:00 p.m. along Interstate 95.

“I heard the rumble strips, turned around and looked. I heard the bang and saw the car about ten feet in the air,” said a man involved in the initial accident.

No one else was injured in the second accident. According to witness reports, the officer’s vehicle was crumpled in the wreck. The officer was inside of her cruiser when the accident happened. Witnesses say that they were surprised that she made it out alive, saying she opened her car door after the collision and began to mumble — still shaken up from the wreck. Her vehicle was “destroyed.”

The young officer was taken to the hospital and was listed in serious condition.

In the second accident, a witness’ vehicle was struck as well and was sent across 5 lanes of traffic. It came to rest after colliding with a tree on the other side of the highway.

Investigators are still working to determine whether he was impaired at the time of the crash. Criminal charges are pending depending on the outcome of that investigation.

While we expect drivers to be courteous of any stopped vehicle on the side of the road, they’re required to follow the state’s “Move Over Law.” This means that they are required to move over a lane when they see an official vehicle stopped on the side of the road. If there is no way to move over, they’re required to slow down and travel at least 20 miles an hour under the posted speed limit.

Drivers and others who find themselves stranded on the side of the road are asked to be extremely cautious.

Side of the Road Safety Tips:

-Stay in your car. If it’s after dark, put the interior light on so that you’re more visible. If the engine is operable, keep it running so that you don’t run the battery down.

-Roll down the driver’s side window, hang a white fabric or cloth out of the window and roll it back up. This will help to alert that you are in trouble.

-Put on your emergency/hazard lights.

-Call for help.

-If someone approaches your vehicle, simply crack your window and ask them to call for help.

-If you get a flat tire, do not attempt to change. Ride on the rim to a safe location. A damaged rim is nothing compared to your safety.
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Published on: January 8, 2013

Florida Officials Pushing “Move Over Law” to Save Lives

By Dean Freeman

Since 1999, there have been roughly 170 law enforcement officers killed in the United States while working roadside. According to the Florida Department of Highway Safety and Motor Vehicles (DHSMV), officials statewide will be working throughout January to raise awareness about Florida’s Move Over Law.

During this time, officers will be targeting disobeying motorists as well. This is all in an effort to put an end to these careless accidents and to help to keep tow truck drivers, emergency workers and law enforcement officers safe while working along Florida roadways.

“Florida’s Move Over law was enacted to protect those trying to protect Florida’s motorists, Florida Highway Patrol (FHP) Director Col. David Brierton said.

Our Fort Pierce car accident lawyers understand that there were four troopers who struck last year while working in the emergency lanes along highways. One occurred in Palm Beach County and one other in Broward County. The other two happened in Hillsborough and Orange County. It’s important that drivers pay attention behind the wheel and be courteous to others on our roadways not only to help to protect our state’s officers, but to help to protect other motorists as well!

What is the Move Over Law?

-This law applies when a tow truck, emergency vehicle or a patrol car is on the side of the road — especially with its lights flashing. When this is observed, drivers are required to move over a lane to allow them with more room.

-If drivers cannot safely move over, they’re required to slow to and travel at least 20 miles per hour under the posted speed limit.

-Drivers are required to approach these vehicles with extreme caution.

-Drivers who disobey this law and not only running a risk of getting a traffic citation, but they’re also compromising their safety and the safety of others around them.

-With a traffic citation for not obeying this law, drivers can be fined and can also get points on their driver’s license.

If you don’t move over the penalty is about $120 (depending on the Florida county) and 3 points on your driver’s license.

How can I help to prevent an accident when approaching an emergency vehicle, an accident scene, a construction zone or traffic congestion?

The most important thing to do is to stay alert! If you keep your eyes on your surroundings and your hands on the wheel, you’re better able to point out problems and react more quickly to any potential dangers.

Officials with the police and fire department as well as tow truck drivers face enough danger already and this law was created because these brave emergency workers actually got hit by cars passing by. Unfortunately, they’re still getting hit today. When you’re driving and you see flashing lights on the side of the road, be a considerate driver and help to save lives and move over. You’d want someone to do it for you — make the first move today.
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Published on: December 31, 2012

Speeding a Top Accident Cause to Avoid in 2013

By Dean Freeman

Yesterday, our Oakland Park injury attorneys urged all drivers to make a resolution to become better drivers in 2013.

While being a better driver involves making a host of smart decisions behind the wheel, we’ll be helping those committed to safer driving by tackling some of the top causes of crashes. To help you avoid behaviors that could lead to a crash, we have a four part series on how to be a better driver this New Years.

Our previous article introduced our New Years safe driving series and upcoming articles will focus on the dangers of distracted driving and on pedestrian and bicycle accidents. Today, however, we’re focusing on speeding, which by some accounts is involved in as many as one-third of all serious crashes.

Speeding Risks
According to the National Highway Traffic Safety Administration (NHTSA), speeding is one of the most common contributing factors to car accidents and auto accident fatalities in the United States. In Florida alone, 2010 data shows that 118 fatal crashes occurred due to drivers going too fast for the road conditions and 94 fatal crashes were attributed to drivers exceeding the posted speed limit. Hundreds more were injured by speeding as well, with 2,440 people hurt due to drivers going too fast for conditions and 517 hurt because of drivers going over posted limits.

These are just the crashes in which speed was reported as a factor.

As these Florida figures show, speeding accidents can happen even if you are going under the posted limits. NHTSA data also indicates that many accidents throughout the U.S. are caused by drivers who are technically obeying speeding rules but who are still going unreasonably fast given the current status of the roads. According to NHTSA, drivers going over the speed limit are the cause of only 55 percent of speeding crashes while the remaining 45 percent are caused by drivers who don’t slow down enough to account for poor visibility, bad weather, traffic volume or other potential risks.

Why Is Speeding so Dangerous?

Speeding is dangerous for many reasons. One issue is that you have less control of the car at high speeds, meaning you are more likely to spin out of control, veer into the wrong lane or off the road, or otherwise get off course in a dangerous way. When you are speeding, you also have more forward momentum that your brakes have to stop. This means it takes longer for you to slow or stop your vehicle, increasing the risk of a crash.

Finally, when you are speeding, you hit another vehicle with more force than if you were going slower. This means that the injuries in speeding accidents may be more serious than in other types of crashes where the vehicles weren’t going as quickly and didn’t strike with as much force.

Avoiding Speeding Accidents
Because speeding is so dangerous, it is important to do everything possible to avoid becoming involved in a crash due to driving too fast. In order to stay safer, make a resolution today to avoid going too fast. To help you do this, you should always plan to leave on time or a little early to get to your destinations so you aren’t prompted to speed. Pay attention to your speedometer at all times and account for the current road conditions when deciding how fast to go. If you have teen drivers in your family, you should also discuss with them the risks of speeding so they don’t put themselves or others in danger.
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Published on: December 30, 2012

Resolve to Be a Better Driver This New Years

By Dean Freeman

Every New Years Eve, people throughout South Florida make resolutions on how to improve themselves or their lives in the upcoming year. As 2013 approaches, our Miramar personal injury attorneys urge you to consider making a resolution to be a safer driver. To help you to fulfill your resolution, we’ll be doing a four part series on some of the top causes of car accidents including speeding, distracted driving & bicycle and pedestrian accidents.

Resolve to Be a Safer Driver in 2013
Car accidents happen every day throughout the United States, and hundreds of those accidents occur each day in Florida. In fact, according to 2010 statistics published in the Florida Highway Safety and Motor Vehicles Traffic Crash Statistics report:

There were 235,461 car accidents throughout the state.
There were 338,112 drivers involved in the Florida car crashes that occurred
An average of 645 crashes happened each day
2,444 people died in car accidents
195,104 people were injured in car accidents

As this list shows, car accident deaths are very common in Florida and every driver is at risk. To decrease your chances of becoming involved in a crash, you need to follow safe driving rules and you always need to be a responsible driver who exercises care on the roads. This means avoiding dangerous behaviors and making smart choices behind the wheel.

Avoiding Dangerous Driving Behaviors
There are many bad decisions and dangerous driving moves that you can make that increase the risk of becoming involved in an accident. Two of the most dangerous behaviors, however, include speeding and driving while you are distracted.

Speeding was a contributing factor in many of the reported 2010 Florida traffic accidents. In 118 of the fatal accidents that occurred, the crash occurred because the driver exceeded a safe speed limit. In another 2,440 crashes that caused injury, exceeding a safe speed limit was listed as a contributing cause. Exceeding the stated speed limit, on the other hand, was a contributing cause in 94 fatal crashes and 517 injury crashes.

Speeding is divided into two categories for statistical purposes because it is possible to get into a speeding crash even if you did not actually exceed the posted limit. This is because you are expected to slow your speed so you can operate the vehicle safely given the current conditions of the road. In wet weather, when there is low visibility and when there is heavy traffic, you may need to drive slower than the maximum limit in order to be safe.

Distracted driving is another major contributing factor in car accidents. Driver distraction was specifically listed as a contributing factor in seven of the fatal crashes in Florida in 2010 and in another 1,474 of the injury crashes. These numbers may not reflect the full extent of the distracted driving problem either, since drivers may not admit that they were distracted when they caused a crash.

Because speeding and distracted driving cause so many crashes and are so dangerous, we’ll be taking a look at these top causes of traffic crashes in our New Years Safe Driving series. We’ll also be taking a closer look at the pedestrian and bicycle accidents that are occurring and at how these can be avoided. Preventing these types of crashes has, unfortunately, become a major priority since NHTSA 2011 data on traffic accidents indicates that the number of fatalities among cyclists increased by 8.7 percent throughout the U.S. from 2010 to 2011, and the number of pedestrian fatalities increased by 3 percent during the same time period.

To fulfill your New Years safe driving resolution, check back for the next blog on avoiding speeding accidents.
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Published on: December 28, 2012

Road Rage: A Travel Season Nightmare

By Dean Freeman

Our streets are going to be packed over the holiday season. There are roughly 5 million Floridians who will be traveling at least 50 miles from their home during this time. And this doesn’t even count the ones who will be staying local, but will still be out on the road. With all of the traffic, our accident risks are going to be much higher.

Also during this time of year, drivers are likely to get agitated behind the wheel. It actually happened a lot more often than you think. According to the Complaints Board, nearly all (roughly 90 percent) of drivers in a recent study say that they have either seen road rage or have been a victim of road rage at least once over the last year. Throughout the study consisting of 7 years in the 90s, these incidents accounted for more than 200 murders and more than 10,000 injuries. Actual vehicles and firearms were the most commonly used weapons in these incidents. And the reasons for the heated debates were merely parking spaces, horn honking and slow drivers.

Our Oakland Park accident attorneys understand that this kind of behavior is the most severe form of aggressive driving. Other examples of this dangerous driving behavior include illegal passing, horn honking, tailgating, shouting and throwing out obscene gestures. All of these acts can quickly spiral into a rage behind the wheel. That’s why we’re asking all drivers to keep their cool behind the wheel during the busy holiday travel season.

“Road rage is driving under the influence of impaired emotions,” said Leon James, a professor of traffic psychology with the University of Hawaii. “It’s triggered by mental assumptions we’re making about other drivers—like assuming someone is doing something on purpose to bother you.”

Everyone can fall victim to rage behind the wheel. Old drivers, young drivers, male drivers and even female drivers can get heated in the driver’s seat. That’s why we’re here to suggest to you some safety tips to remember if you start to get angry out there:

-Treat yourself right. Get enough sleep and carry snacks with you to make sure you’re not hungry. Sleep deprivation and hunger can both turn a driver into a mad man in no time.

-Leave earlier. Allow yourself with lots of time to get to where you have to go. This will help to avoid rushing.

-Take a second to calm down. Pull over, calm and collect your thoughts if you notice yourself beginning to get angry behind the wheel.

-Remember that driving is not a contest. There are no winners and there are no losers when driving. We just all have to get to where we need to be and we all need to get there safely. It’s a group effort.
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Published on: December 26, 2012

Defective Vehicles in South Florida: Toyota Dishes Out Millions

By Dean Freeman

Toyota Motor Corporation is dishing out close to $17.5 million (the highest allowable fine) because the company didn’t report safety defect on some of its cars in a timely manner, according to the National Highway Traffic Safety Administration (NHTSA). Not only is this the highest allowable fine by the federal government, but it’s also the highest amount that the NHTSA has ever received in connection with violations regarding recalls.

“Safety is our highest priority,” said Ray LaHood, Secretary with the U.S. Transportation. “With today’s announcement, I expect Toyota to rigorously reinforce its commitment to adhering to United States safety regulations.”

Our Palm City accident lawyers understand that car makers have five business days after discovering a defect to report it to federal officials. This law is in place to help to conduct a product recall in a timely manner and to help to keep consumers safe! Each and every second that a defective vehicle is on our roadways creates higher risks for a potentially fatal accident.

Back at the beginning of the year, officials with the NHTSA’s Office of Defects Investigation started to notice that there was a trend regarding the floor mat and the pedals in some of Toyota’s vehicles. It was causing pedal entrapment in some of its 2010 vehicles. Back in May, officials with the NHTSA got in touch with Toyota about this problem. Just a month later, Toyota was told by the NHTSA that it knew of close to 65 of these incidents. Technicians and dealers with Toyota said that the floor mat was causing unwanted acceleration in these vehicles.

Later in June, Toyota told the NHTSA that it would get publicly recall the more than 154,000 affected vehicles to fix the problem.

As a part of the most recent settlement for this problem, Toyota agrees to make changes to their quality review and assurance program.

A safety recall involving a motor vehicle or an item of motor vehicle equipment can be independently conducted by a manufacturer or ordered by the NHTSA. In either of these cases, the manufacturer must file a public report describing the safety-related defect or noncompliance with a federal motor vehicle safety standard, the involved vehicle/equipment population, the major events that resulted in the recall determination, a description of the remedy and a schedule for the recall.

It’s important for consumers to keep an eye on the latest vehicle recalls and safety defects. You can do this easily by visiting the NHTSA’s Safecar.gov page. On this page, you can get information regarding the latest vehicle recalls and also information regarding child safety seat recalls, tires and more. The recall information on this page includes vehicle and equipment campaigns from 1966 to today. The campaigns include motor vehicle products which contained a safety-related defect or did not comply with federal motor vehicle safety standards. Staying safe on our roadways means staying up to date with this kind of information!
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Published on: December 24, 2012

Keep Teens Safe on the Road Over Holiday Break

By Dean Freeman

In the state of Florida, there were more than 235,350 car accidents reported to authorities in 2010. Of these accidents there were close to 30,000 car accidents involving teen drivers. According to the Florida Department of Highway Safety and Motor Vehicles (DHSMV), there were close to 100 teenage drivers killed and another 65 teen passengers killed. There were also 11,000 teen drivers and another 8,000 teen passengers injured in these same accidents.

The risk of these accidents is high through the busy holiday season. There was absolutely no change in the number of teen drivers killed in car accidents from 2009 to 2010.

Our Coral Springs accident attorneys bring this issue up because it’s that time of the year again when we see some serious risks for accidents. The holiday travel season is one of the busiest of the entire year. There are more travelers out now than during any other holiday period. In addition, our young drivers are out of school enjoying their winter break. What this means is that they’re spending more time on our road and behind the wheel — giving them higher risks for an accident. For this reason, it’s critical for parents and guardians to talk with the teens in their lives and review safe driving habits. It’s a move to help to keep them safe, to reduce their risks of accidents and to help to keep other travelers safe as well.

Parents are urged to review the state’s Graduated Driver’s Licensing (GDL) program during this time, too. Make sure they’re following all of the rules.

Florida’s GDL Laws, according to the National Safety Council (NSC):

At 15-Years-Old/Learner’s Permit:

-Only drive during the daylight hours for the first three months.

-Can only drive until 10:00 p.m. for the last 9 months of this license.

-Is not allowed to drive without a licensed passenger who is over the age of 21-years-old.

At 16-Years-Old/Provisional License:

-Driving is prohibited between 11:00 p.m. and 6:00 a.m. unless the driver is traveling to or from work.

At 17-Years-Old/Provisional License:

-Driving prohibited between 1:00 a.m. and 5:00 a.m. unless they are traveling to or from work.

At 18-years-old a driver can obtain a full and unrestricted license, only after completing the stages listed above.

Parents are asked to make sure that they continue the conversation regarding safe driving habits long after their young driver has received his full, unrestricted license. Because car accidents continue to be the leading killer for Americans under the age of 35, we need to keep this subject fresh and make sure that safe driving habits are a top priority of everyone behind the wheel. Happy Holidays to you and the teen drivers in your family and remember to be safe out there.
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Published on: December 20, 2012

Florida Officials Warn of Holiday Roadway Dangers

By Dean Freeman

The state of Florida ranks among the top three places in the country to visit over the holiday travel season, according to the Los Angeles Times. Snowbirds are coming down and residents throughout the area will be traveling within the Sunshine State to celebrate the holidays with friends and family members.

As a matter of fact, there are more than 93 million Americans who are expected to travel 50 miles or more from their home. About 5 million of those travelers are Florida residents. According to the Sun Sentinel, about 90 percent of holiday travelers will be hitting our roadways. This is mainly because of the high prices for plane tickets during this time of the year. With more motor vehicle traffic out there, the risks for car accidents are going to be through the roof. Our Lantana car accident attorneys are asking everyone to keep safety a top priority. Accidents can be avoided with preparation and safe driving.

Officials consider the holiday travel period as the time from the 22nd of December through the 2nd of January. Every year, we see a lot more accidents during this time than during any other similar time frame.

Travel is up about 2 percent from last year, and the highest we’ve seen since 2006.

“The year-end holiday season remains the least volatile of all travel holidays as Americans will not let economic conditions or high gas prices dictate if they go home for the holidays or kick off the New Year with a vacation,” said Brent Hubele, AAA Travel Vice President.

To help to keep you safe while traveling through the holidays, officials with the Florida Highway Patrol (FHP) will be out in force.

Holiday Travel Tips from FHP:

-Let someone know where and when you’re going. Tell a loved one your holiday travel plans in case something should happen.

-Never get in your vehicle without a cell phone. Bring along a charger for your car or an extra battery if you’re going on a long trip.

-Make sure that you fill up your gas tank before leaving.

-Know where you’re going before you leave. Behind the wheel is no time to mess with road maps or with GPS devices.

-Always travel with your car doors locked.

-Be aware of the road laws in the places you’ll be traveling to or through.

-Always wear a seat belt. It’s your best defense against injury in the event of an accident.

-Keep distractions out of the driver’s seat.

-Always have a designated driver if your plans consist of alcohol.
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Published on: December 16, 2012

Accident Risks High through Holiday Season, Up From Previous Years

By Dean Freeman

This holiday travel season could be the busiest we’ve seen in six years.

According to AAA, close to 95 million Americans are expected to travel at least 50 miles from home during December 22nd through January 1st. That’s a near 2 percent more than last year and about 400,000 people shy of the numbers from 2006.

Airline prices are up and that’s why officials believe that there are going to be more people on our roadways. That’s why FOX NEWS reports that more than 84 million Americans will be choosing to drive to their holiday destination. That accounts for more than 90 percent of all travelers.

Our Hollywood car accident attorneys understand that means that one out of every four Americans is expected to drive a pretty significant distance over the Christmas and New Year’s holiday. With that being said, you can expect traffic delays, crowded rest areas and busy, bust toll plazas.

“The year-end holiday season remains the least volatile of all travel holidays as Americans will not let economic conditions or high gas prices dictate if they go home for the holidays or kick off the New Year with a vacation,” says Robert Darbelnet, AAA CEO and President.

Drivers, you can expect to see gas prices around $3.30 a gallon by at least New Year’s Day. These prices have come down about 50 cents since September. They’re still at a record high for this time of year though.

The cost of rental cars and hotels are up, but only a little bit. Both two and three diamond hotels, according to AAA ratings, are up $3 from the previous year. Car rentals increased a little bit more, seeing a jump of about $16 for daily rental.

To help you to stay safe during your travels, officials with the Florida Department of Highway Safety and Motor Vehicles (DHSMV) are here with some beneficial holiday travel tips.

Drive Safe through the Holidays:

-Make that a friend or a family member knows when you’re leaving, where you’re going, when you arrive and when you plan on coming back. It helps when someone keeps tabs on you should something happen.

-Make sure that you always travel with a cell phone.

-Leave for your trip with plenty of time to spare so that you can avoid rushing.

-Be aware of the road laws in states and cities that you’ll be traveling through.

-Know where you’re headed before you leave. You don’t want to mess with a GPS or a road map in the driver’s seat.

-Adjust your driving to the current road, traffic and weather conditions.

-Be sure to travel with your doors locked, especially when in stop-and-go traffic.

-Make sure that everyone in your vehicle is properly buckled in during each and every car ride, regardless of how quick or short it may be.
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