Fort Lauderdale Car Accident Attorney Blog

February, March and April marks high traffic season in Florida’ northerners will continue to migrate south to get out of the cold and snow that has hit the country so hard this winter season.

Florida roadways will continue to be packed with out-of-towners that become distracted because they are lost, or are late meeting someone, or have a car full of kids on vacation. These are examples of why Florida motorists need to be on high alert for the increase risk of Fort Lauderdale car accidents during the next few months.

Our West Palm Beach personal injury lawyers frequently report about the dangers of distracted driving but recently have been focusing on other topics regarding safety this time of year. Our series of topics include speeding, aggressive driving, drunk driving, teen and elderly drivers.

When traffic is congested these types of behaviors and drivers pose a threat to Florida roadways and increase the risk of motor vehicle crashes.

Distracted driving is considered to be among the most common, and most dangerous, driving behaviors — with talking or texting on your cell phone leading the list. State lawmakers are considering several bills that would ban texting while driving in Florida. According to Governors Highway Safety Association, Florida is one of few remaining states that haven’t passed some sort of texting or cell phone use ban on drivers.

Though not much attention is given, there are other forms of distraction. Essentially, drivers are considered distracted by anything that takes their eye off the road, their hands off the wheel, or their mind away from driving. Things like eating, conversing with other passengers, reading a map, or changing a radio station are also considered distractions while driving.

According to Distraction.gov almost 5,500 people were killed and another 448,000 were injured in 2009 in distracted driving crashes in the United States. It was reported that 20% of injury crashes in 2009 were due to some sort of distraction by the driver. It is believed that reaction time diminishes substantially; equivalent to the reaction time of someone who is driving under the influence with a blood alcohol concentration of .08.

In 2009, the Florida Highway Safety and Motor Vehicle reported that March and April were two of the three deadliest months in Florida with regard to fatal crashes. March reported a total of 224 fatal crashes and April reported 214 which was only one crash behind the second most dangerous month of December. The report also indicated that over 1,500 injuries occurred in Florida in 2009 due to driver distraction behind the wheel.

Though distracted driving is becoming more of a concern in Florida and nationwide, it’s often cell phone use and texting that dominate the news about distracted drivers. Campaigns against distracted driving are often headliners these days as was the case in a recent article in Orlando Sentinel, which gave kudos to a student organization at UCF for winning the prestigious Law Enforcement Traffic Safety Award.

At the recent United Safety Council’s banquet in the late January, the UCF Student Government Association was awarded for their “Put Down Ur Cell Fone” campaign conducted late last year. Ironically, the student organization beat out some of Florida’s largest companies like Disney, Progress Energy, and Boeing Corporation to win the award.

Distracted driving among other things is a concern for Florida motorists, especially this time of year when the risk of a West Palm Beach car accident is greater due to highly populated roadways. Motorists are reminded to slow down and focus on the road in order to keep yourself and other drivers safer during high traffic season.
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Have you been thinking about your next planned activity on your next free day? Many residents as well as visitors enjoy activities in Florida like jet skiing or parasailing. Perhaps a rickshaw ride would be a more appropriate way to see the sights while experiencing something different for a change.

But before planning your next adventurous activity, our Fort Lauderdale personal injury lawyers want to point out the risk and potential injuries these activities can cause. We’re not trying to be kill-joys. But it’s important to know and understand that not all operators of tourist activities are created equal. Some are as concerned about guest safety as they are about profits. Others … not so much.

The Sun Sentinel recently reported on the boom in the rickshaw business in Fort Lauderdale.

The city has received applications to increase the current fleet of 20 pedicabs to more than 60. Law enforcement officials are worried about traffic safety. In addition, city officials need to improve safety regulations. It is surprising that the safety regulations had not been changed considering the serious New Year’s Day accident in 2008 that left 2 women injured.

That accident involved a hit and run driver that rear ended the uninsured rickshaw.

Currently the city doesn’t require safety features such as turn signals, rearview mirrors, lights and seat belts to be placed in rickshaws. The minimum requirements for operators include: need a valid driver’s license, they can’t interfere with traffic, and they must carry liability insurance of $100,000 per accident.

Fort Lauderdale officials are considering requiring as much as $1 million in insurance coverage, safety features including seat belts, inspections of the pedicabs done annually, and having ownership and rate information posted in the vehicle. The city is also considering increasing the rickshaw fleet by only 12 instead of the requested 50.

Fort Lauderdale’s Police Department wants rickshaws barred from congested streets where space is at a premium.

In the past several years Orlando and New York City have implemented stronger regulations regarding pedicabs after accidents or the increased number of pedicabs increased the dangers faced by riders and motorists alike.

In 2008, the National Highway Traffic Safety Administration (NHTSA) reported there were 716 pedalcyclists killed and another 52,000 were injured in traffic crashes.

Some facts about fatal pedalcyclist crashes:

-69% occur in urban areas.

-64% occur at non-intersection locations.

-28% occur between 5 p.m. and 9 p.m.

-12% happen in September and 9% happen in June.

Interestingly, the first motor vehicle crash in the U.S. occurred in 1896, when a motor vehicle crashed into a pedalcycle rider.
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Motorcycle accidents involving large trucks are often fatal or cause catastrophic injuries to the motorcyclist. Whether a car or a truck, the most serious injuries to a rider often come from contact with the ground. Our Palm Beach personal injury attorneys want to remind you to be on the look-out for riders in order to avoid a West Palm Beach motorcycle accident.

TCPalm recently reported on a motorcycle accident involving a semi-truck. An early morning crash between a motorcyclist and a semi-truck left the rider in grave condition.

The National Highway Traffic Safety Administration (NHTSA) considers a truck large if it weighs in excess of 10,000 pounds. Commercial trucks can weigh up to 80,000 pounds, or more with special permits. It is pretty clear who has the weight advantage when a motorcycle and rider maybe weigh just a few hundred pounds.

In 2008, the NHTSA reported 4,955 fatal motorcycle accidents nationally; 523 occurred on Florida roadways. Of all fatal motorcycle crashes, 47% involve colliding with another vehicle, 25% of fatal crashes involve hitting a fixed object.

Sport Rider offers this advice for urban motorcycle riding:

-Pay attention to vehicle types that are around you. It may be obscure to profile drivers by vehicle type but the information is valuable and will make you a better rider. If you see a dented, neglected vehicle it means that driver has made a lot of careless mistakes. You don’t want to be their next mistake. Volvo’s are known for their high safety ratings in a crash. Minivans are often carrying kids, which could lead to a distracted driver. High-performance cars can accelerate and change lanes really fast, give them plenty of room if they seem in a hurry.

-‘Ride in the mirrors’ of the vehicles around you, which will keep you out of their blind spots. You need to be able to see the driver’s face in their mirror so they can see you. When riding in urban settings avoiding blind spots should be your top priority.

-Ride defensively by positioning yourself so if something bad happens, you have plenty of room to get out of the way. Driver’s make a lot of mistakes, not using a turn signal, abrupt lane changes and sudden stops. You can’t control what they do but you can plan on it happening, so always have an escape route.
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Vehicle defects can lead to serious West Palm Beach car accidents. Toyota consumers may be thrilled with the recent information released by National Highway Traffic Safety Administration stating that conclusive testing results have indicated that no electronic flaws were found in Toyota vehicles that would explain unintended acceleration by the vehicle.

Our Fort Lauderdale personal injury lawyers want drivers of Toyotas to be somewhat skeptical of the news based on the number of test models used in the investigation. The fact still remains that Toyota sells over 8 million vehicles in a calendar year. We think it more likely a defect exists than it is that hundreds of drivers inexplicably forgot which was the gas and which was the brake.

The announced results by the NHTSA comes on the heels of Toyota Motor Corporation being cited last year for over $32 million in civil penalties for two vehicle defects: accelerator pedals sticking and faulty floor mat design leading to entrapment of the accelerator pedal.

The government called on NASA engineers to conduct the 10-month study for electronic flaws leading to unintended acceleration in vehicles. The engineers were experts in software reliability, electromagnetic interference, and computer controlled electronic systems. During the study, engineers assessed the electronic circuitry and examined over 280,000 lines of software code for potential problems that could lead to inadvertent acceleration. In addition, mechanical components were tested that could result in unsolicited throttle openings.

U.S. Transportation Secretary Ray LaHood said, “We enlisted the best and brightest engineers to study Toyota’s electronics systems, and the verdict is in. There is no electronic-based cause for unintended high-speed acceleration in Toyotas.”

Even though no electrical cause was found, as a result of the findings the NHTSA will consider the following improvements:

-Initiate break override systems and event data recorders to be installed in all vehicles.

-By the end of 2011, the operation of keyless ignition systems should be standardized in all passenger vehicles.

-Initiate research on the dependability and safety of electronic control systems.

-Examine whether location and design of brake and accelerator pedals can be improved to reduce pedal malfunctions or confusion.

“While today marks the end of our study with NASA, our work to protect millions of American drivers continues,” said NHTSA Administrator David Strickland. “The record number of voluntary recalls initiated by automakers last year is also very good news, and shows that we can work cooperatively with industry to protect consumers.”

Faulty accelerator pedals should be a concern that the government continues to research. Motor vehicle crashes due to an accelerator malfunction can be fatal. As a consumer, its best to check recalls for your vehicle model periodically in order to avoid risk of serious injury.
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Our Palm Beach personal injury lawyers know that being involved in a South Florida car accident can be a frightening, painful experience. That every encounter can be a stressor, from dealing with insurance companies to repair shops to addressing medical issues and treatment options.

Talking with your boss about lost work time, or doctor-ordered restricted duties – especially in this job market – can seem like a nightmare.

Whether you were involved in a parking lot fender-bender or a fatal South Florida crash, getting back to normal takes time, costs money and comes with plenty of stress. So our Fort Luaderdale car accident attorneys were disturbed to read in the Palm Beach Post recently that Florida currently leads the nation for staged car accidents. To boot, both Miami and West Palm Beach are among the nation’s top five cities for such fraud.

While the article reads like the punch-line for a bad joke, we know that living (and driving) in communities tagged as hotbeds for questionable crash-related insurance claim filings only hurts legitimately injured victims. Victims, who at the time they need support the most, instead face scrutiny.

According to the Palm Beach Post, just in Palm Beach County, the number of suspected staged car accidents nearly doubled from 50 in 2008 to 96 in 2009. Miami led the state in 2008 with 232 cases and fell to second in 2009 with 258. Tampa saw the biggest increase, reporting 125 cases in 2008 and a whopping 487 in 2009.

Across the state, cases climbed 77 percent in 2010.

Law Enforcement officials say it’s an easy crime to commit and Florida is an attractive state to do it thanks to generous “no-fault” personal injury protection laws. Florida is one of just 12 states with a no-fault PIP. Meaning: if you are involved in a Florida car accident, up to $10,000 in medical claims related to the accident are covered regardless of who is at fault in the crash.

So pervasive is the scam that auto insurance companies are now passing along a “fraud tax” to Florida drivers. One estimate suggests Florida drivers will pay close to an additional $950 million to insurance companies in 2011 alone.

It also means consulting an experienced injury attorney can be all the more critical to protecting your rights in the wake of a serious or fatal crash.
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To red light camera, or to not red light camera: in South Florida, that is the question.

TIME Magazine reports that a recent study by the Insurance Institute for Highway Safety found that use of red light cameras in 14 large U.S. cities reduced the rate of fatal car accidents by roughly 25 percent based on crash data analyzed between 1996 and 2004.

And that’s not all. The report further revealed a drop in ALL fatal intersection-linked car accidents at sites where red light cameras were installed, not just among those tied to drivers running a red light. Overall the IIHS report estimates that 815 lives could have been saved if all large U.S. cities (those with populations of 200,000 or more) had the devices installed at their most densely-trafficked intersections.

Our Fort Lauderdale car accident attorneys know that red light running is a problem all Florida drivers face. According to the Florida Highway Safety and Motor Vehicles, in 2009 there were 56 fatal South Florida car accidents and 5,190 injury accidents caused by drivers who ran a traffic signal.

Another 22 fatal car accidents and more than 2,200 injury accidents were linked to drivers who disregarded a stop sign.

Florida is one of 22 states to have enacted some legislation permitting use of red light cameras. With that in mind, the IIHS report notes that use of said cameras is hotly debated and regularly challenged legally by a vocal minority who characterize such traffic enforcement tactics as an invasion of privacy. Because of this, a number of states have prohibited use of red light cameras.

The Sun Sentinel reports that a local review of traffic crash data collected from six Ft. Lauderdale intersections show there were 11 fewer fatal Fort Lauderdale car accidents in the four months after the devices were installed.

A set of dueling opinions published in the Palm Beach Post reveals both sides of this debate. Palm Beach Post editorial page editor Randy Shultz spotlights perceived “inherent flaws” in the red-light camera system, from administrative issues to legal challenges to lack of public support.

To this argument, the CEO of American Traffic Solutions James Tuton responded, pointing to the IIHS report and trumpeting the public safety angle. In his response Tuton notes that fines paid by red-light runners topped $4 million in funds channeled into the state’s trauma centers and Brain and Spinal Cord Injury trust. Since former Gov. Charlie Crist signed the Mark Wandall Traffic Safety Act into law in May, 2010, close to 40 Intersection Safety Camera Programs have gone online.
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New technology, the Driver Alcohol Detection System for Safety (DADSS), is in the development stage at a Massachusetts lab, which could prevent drivers that are impaired by alcohol from ever operating a vehicle.

Our Fort Lauderdale car accident attorneys find this news encouraging as states continue to fight the carnage caused by drunk drivers on our roads.

On hand at QinetiQ lab for the product demonstration were U.S. Transportation Secretary Ray LaHood, National Highway Traffic Safety Administrator (NHTSA) David Strickland, Shane Karr vice president for Federal Government Affairs at the Alliance of Automobile Manufacturers, and Laura Dean Mooney, national president of Mothers Against Drunk Driving (MADD).

Two systems of DADSS are currently being tested. One which determines a driver’s blood alcohol concentration by their breath and the other by a touch based approach. Both systems would prevent the driver from operating their vehicle if the BAC measured is .08 or higher.

The NHTSA reported in 2009 there were 10,839 fatalities nationally due to drivers with a BAC of .08 or more. In Florida there were 770 people killed from intoxicated drivers who had a BAC .08 or greater. A total of 527 deaths were from drivers with a BAC of .15 or more.

“Drunk driving continues to be a national tragedy that needlessly claims the lives of thousands of people on our highways each year,” said Secretary LaHood. “We need to put an end to it.”

MADD President Laura Dean-Mooney, widowed when her husband was killed by a drunk driver said, “Auto makers have stepped up to help turn cars into the cure. This project has made substantial progress and this technology could one day be an important step in our efforts to eliminate drunk driving.”

The 5-year, $10 million plan is a joint effort between the NHTSA and the Automotive Coalition for Traffic Safety (ACTS), which is an industry group on behalf of the world’s auto makers.

“What we’re doing is developing technology that won’t interfere with sober drivers, will require virtually no maintenance or upkeep and will have such precision that it only stops a driver when their blood alcohol content is .08 BAC or higher, which is the illegal limit for drunk driving in every state,” said Shane Karr. “Now that we have actual prototypes, a tremendous feat in of itself, we’ll be working to identify the gaps in performance between these prototypes and the precise standards we’ve identified as true technology requirements. This will point the way forward for the next phase of research.”

Strickland called the technology the “new frontier” but said it should not replace the common sense of a driver who decides not to get behind the wheel after having too much to drink.
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Florida remains one of the few states that has not banned cell phone use or text messaging while driving, even though distracted driving is responsible for a growing number of car accidents in Fort Lauderdale and surrounding areas.

The National Organizations for Youth Safety (NOYS) has grown to almost 40 national youth and youth-serving organizations since its initial meeting in 1994. Their members meet several times a year to discuss current programs and projects promoting youth safety, specifically highway traffic safety. They also collaborate with other groups to develop new programs.

Last month the Teen Distracted Driving Prevention Leadership Team headed to Washington to shadow traffic safety specialists. They attended U.S. Department of Transportation meetings with Ray LaHood to learn the best method to reach as many youths as possible about the dangers of cell phone use while driving.

The team consisted of members from 17 states. Members met with their Representatives and Senators to urge them to support traffic safety laws that would help to decrease teen driving crashes.

NOYS developed a toolkit to support AT&T’s documentary “The Last Text”. This documentary is part of AT&T’s “It Can Wait” campaign, urging consumers to use their products in a safe manner.

Not even a week ago the Crestview News Bulletin reported another tragic case of texting while driving. A promising Crestview High School student remains in critical condition with massive head injuries following a car crash. It appears the student was distracted, ran off the road, than over-compensated which caused her vehicle to flip several times.

Approximately 1.6 million car crashes were due to cell phone use in 2008 according to the National Safety Council. The likelihood of crashing is four times greater if you are using a cell phone while driving.

Talking or texting on a cell phone is not the only distracting activity that goes on behind the wheel. Smoking, grooming, having pets on your lap, eating & drinking and changing the radio station are all distractions that should be avoided while driving.

Even though Florida allows cell phone use by its motorist, late last year, the Florida Highway Patrol put their own policy in place banning hand held cell phone use by its troopers while on duty. Other Florida agencies are considering doing the same.
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Motorcycle enthusiasts love Florida’s weather and scenic highways but motorists need to be observant when sharing the road to prevent a Palm Beach motorcycle accident.

Until the economic downturn, the number of motorcycle accidents nationwide had increased each year for more than a decade. Florida, Texas, and California lead the nation in fatal crashes involving motorcycles.

News Channel 5 reported on the death of another rider just last week. A crash at the intersection of Military Trail and Orlando Avenue between a Lexus and Harley Davidson left the rider critically injured. It was unclear who was at fault. Sadly, the rider died after arriving at the hospital.

According to the National Highway Traffic Safety Administration Fatality Analysis Reporting System (FARS) in 2009, Florida ranked second in fatal motorcycle crashes with 380, second only to Texas, which had 408. Third was California with 376. The total number of persons killed in those 380 crashes was 454.

The safest day to ride was Monday, which 37 fatal crashes. Saturdays and Sundays are the most dangerous riding days, recording over 75 fatal crashes each day. Motorcyclists are twice as likely to crash in April than in June. Most of the fatalities occurred between the hours of 6 p.m. and 1 a.m.

If you are over the age of 21 Florida does not require riders to wear a helmet. However, motorcyclists not wearing a helmet then must carry $10,000 of medical payment insurance.

NHTSA’s statistics on helmet use in 2010 showed that DOT approved helmet use was down 13% from 2009. Helmets are 41% effective in preventing fatal injuries to motorcycle passengers and 37% effective for motorcycle riders. In 2009, the NHTSA estimated that 1,483 motorcyclist lives were saved because they were wearing a helmet.

The Governors Highway Safety Association offer these tips for sharing the road with motorcycles:

-Do not share the lane with a motorcycle; give the motorcycle the entire lane.

-Always signal when merging into traffic or changing lanes.

-Motorcycles are small and fit into your blind spots. Turn your head and look all around at intersections and when changing lanes.

-Don’t trust a turn signal on a motorcycle (they aren’t self canceling). Make sure the motorcycle is turning before you go.

-Give motorcycles plenty of room in order to maneuver around road hazards like uneven pavement, gravel or potholes.

-Never tailgate a motorcycle; they can stop a lot faster than a passenger vehicle.
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